ch.3-pt.1
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Queensland regulation
This Queensland Accommodation Module sets how the management committee of a community titles scheme with short‑term accommodation operates. It defines who may serve (and who is excluded), election and vacancy rules, simplified procedures for very small schemes, and limits on decisions the committee can make without owners’ votes.
It affects lot owners, committee members, body corporate managers, caretakers and letting agents and determines who controls spending, voting and dispute risk in mixed‑use complexes.
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Direct links to the current provisions in Body Corporate and Community Management (Accommodation Module) Regulation 2020.
Subject to subsection (2) , there must be a committee for the body corporate for a community titles scheme. There is no committee for the body corporate if the body corporate engages, under part 5 , a body corporate manager to carry out the functions of a committee and each executive member of a committee. (sec.8-ssec.1) Subject to subsection (2) , there must be a committee for the body corporate for a community titles scheme. (sec.8-ssec.2) There is no committee for the body corporate if the body corporate engages, under part 5 , a body corporate manager to carry out the functions of a committee and each executive member of a committee.
The purposes of this chapter are— to provide for the following matters in relation to a committee for the body corporate for a community titles scheme— the composition of the committee; the choosing of members of the committee; the term of office of a member of the committee; the filling of casual vacancies on the committee; the meetings of the committee; and to prescribe issues about which the committee may not make decisions; and to enable the body corporate to engage a body corporate manager to carry out the functions of a committee and each executive member of a committee; and to provide for matters that involve members of the committee that must be authorised by the body corporate.
A committee must consist of the following persons— the persons chosen to be the executive members of the committee; if ordinary members are chosen for the committee—the ordinary members; each person who is a non-voting member of the committee. There must be a chairperson, secretary and treasurer, whether or not there is a body corporate manager who has been authorised by the body corporate under section 119 of the Act to exercise some or all of the powers of an executive member of the committee. A person may hold the positions of chairperson, secretary and treasurer, or any 2 of the positions, in conjunction. The committee, other than a minor committee, must consist of at least 3 voting members and not more than the maximum number of voting members for the committee. (sec.10-ssec.1) A committee must consist of the following persons— the persons chosen to be the executive members of the committee; if ordinary members are chosen for the committee—the ordinary members; each person who is a non-voting member of the committee. (sec.10-ssec.2) There must be a chairperson, secretary and treasurer, whether or not there is a body corporate manager who has been authorised by the body corporate under section 119 of the Act to exercise some or all of the powers of an executive member of the committee. (sec.10-ssec.3) A person may hold the positions of chairperson, secretary and treasurer, or any 2 of the positions, in conjunction. (sec.10-ssec.4) The committee, other than a minor committee, must consist of at least 3 voting members and not more than the maximum number of voting members for the committee.
A person is eligible to be a voting member of the committee if the person is an individual nominated for membership of the committee by a member of the body corporate (the nominating entity ) and is also— a member of the body corporate; or if the nominating entity is an individual— a member of the individual’s family; or a person acting under the authority of a power of attorney given by the individual; or if the nominating entity is a corporation—a person who is a director, secretary or other nominee of the corporation; or if the nominating entity is the body corporate for a subsidiary scheme in a layered arrangement of community titles schemes—a person who is a representative of the subsidiary scheme. However, a person who is otherwise eligible under subsection (1) to be a voting member of the committee is ineligible to be a voting member of the committee if the person is— a body corporate manager, service contractor or letting agent; or an associate of a body corporate manager, service contractor or letting agent, other than an owner of a lot who is the associate of a letting agent merely because the letting agent, in conducting the agent’s letting agent business, acts for the owner; or a person, other than a letting agent for the scheme, who conducts a letting agent business for the scheme; or a member of the body corporate who owes a body corporate debt in relation to a lot or lots owned by the person at the time voting members are chosen; or a person nominated by a member mentioned in paragraph (d) . (sec.11-ssec.1) A person is eligible to be a voting member of the committee if the person is an individual nominated for membership of the committee by a member of the body corporate (the nominating entity ) and is also— a member of the body corporate; or if the nominating entity is an individual— a member of the individual’s family; or a person acting under the authority of a power of attorney given by the individual; or if the nominating entity is a corporation—a person who is a director, secretary or other nominee of the corporation; or if the nominating entity is the body corporate for a subsidiary scheme in a layered arrangement of community titles schemes—a person who is a representative of the subsidiary scheme. (sec.11-ssec.2) However, a person who is otherwise eligible under subsection (1) to be a voting member of the committee is ineligible to be a voting member of the committee if the person is— a body corporate manager, service contractor or letting agent; or an associate of a body corporate manager, service contractor or letting agent, other than an owner of a lot who is the associate of a letting agent merely because the letting agent, in conducting the agent’s letting agent business, acts for the owner; or a person, other than a letting agent for the scheme, who conducts a letting agent business for the scheme; or a member of the body corporate who owes a body corporate debt in relation to a lot or lots owned by the person at the time voting members are chosen; or a person nominated by a member mentioned in paragraph (d) .
Unless otherwise permitted under this regulation, for each lot that is co-owned, only 1 co-owner of the lot can be a voting member of the committee, on the basis of ownership of the lot, at a time. For example, this regulation permits otherwise under sections 30 , 34 and 42 . Also, for each lot that is owned, or co-owned, by an individual, only 1 of the following persons can be a voting member of the committee on the basis of ownership of the lot, at a time— the individual owner of the lot; a member of the individual owner’s family; a person acting under the authority of a power of attorney given to the person by the individual owner of the lot. (sec.12-ssec.1) Unless otherwise permitted under this regulation, for each lot that is co-owned, only 1 co-owner of the lot can be a voting member of the committee, on the basis of ownership of the lot, at a time. For example, this regulation permits otherwise under sections 30 , 34 and 42 . (sec.12-ssec.2) Also, for each lot that is owned, or co-owned, by an individual, only 1 of the following persons can be a voting member of the committee on the basis of ownership of the lot, at a time— the individual owner of the lot; a member of the individual owner’s family; a person acting under the authority of a power of attorney given to the person by the individual owner of the lot.
The following persons are, without further election or appointment, members of the committee— a body corporate manager for the community titles scheme; a caretaking service contractor for the scheme. A person who is a member under this section is— a non-voting member of the committee; and not entitled to vote at a meeting of the committee. Subsection (2) applies even if the person is a member of the body corporate. (sec.13-ssec.1) The following persons are, without further election or appointment, members of the committee— a body corporate manager for the community titles scheme; a caretaking service contractor for the scheme. (sec.13-ssec.2) A person who is a member under this section is— a non-voting member of the committee; and not entitled to vote at a meeting of the committee. (sec.13-ssec.3) Subsection (2) applies even if the person is a member of the body corporate.
The members of the committee must be chosen at each annual general meeting of the body corporate. Also, members of the committee may be chosen other than at an annual general meeting if they are appointed under subdivision 6 or division 3 , subdivision 2 . However, subsection (1) does not apply for an annual general meeting if, on the day the annual general meeting is held, there are— only 2 lots included in the community titles scheme, and the 2 lots are in identical ownership; or only 2 lots included in the scheme, and the 2 lots are in different ownership; or 3 or more lots included in the scheme, and all the lots are in identical ownership; or 3 or more lots included in the scheme, and there are only 2 different owners for all the lots; or 3 or more lots included in the scheme, and there are only 3 different owners for all the lots. If subsection (3) (a) or (c) applies, the committee is a committee of 1 consisting of the individual who is the owner, or the nominee of the owner, of the lots, and the individual holds all the executive positions on the committee. If subsection (3) (b) or (d) applies, the committee consists of 2 individuals who are the owners, or the nominees of the owners, of the lots, and they must decide between themselves which of the executive member positions of the committee each is to hold, and, if they can not agree, the positions of the executive members are jointly held by both of them. If subsection (3) (e) applies, the committee consists of 3 individuals who are the owners, or the nominees of the owners, of the lots, and they must decide between themselves which of the executive member positions of the committee each is to hold, and, if they can not agree, the positions of the executive members are jointly held by each of them. Subsections (4) , (5) and (6) do not apply to the scheme if, at an annual general meeting, the body corporate engages under part 5 a body corporate manager to carry out the functions of a committee and each executive member of a committee. A committee mentioned in subsection (4) , (5) or (6) is a minor committee . (sec.14-ssec.1) The members of the committee must be chosen at each annual general meeting of the body corporate. (sec.14-ssec.2) Also, members of the committee may be chosen other than at an annual general meeting if they are appointed under subdivision 6 or division 3 , subdivision 2 . (sec.14-ssec.3) However, subsection (1) does not apply for an annual general meeting if, on the day the annual general meeting is held, there are— only 2 lots included in the community titles scheme, and the 2 lots are in identical ownership; or only 2 lots included in the scheme, and the 2 lots are in different ownership; or 3 or more lots included in the scheme, and all the lots are in identical ownership; or 3 or more lots included in the scheme, and there are only 2 different owners for all the lots; or 3 or more lots included in the scheme, and there are only 3 different owners for all the lots. (sec.14-ssec.4) If subsection (3) (a) or (c) applies, the committee is a committee of 1 consisting of the individual who is the owner, or the nominee of the owner, of the lots, and the individual holds all the executive positions on the committee. (sec.14-ssec.5) If subsection (3) (b) or (d) applies, the committee consists of 2 individuals who are the owners, or the nominees of the owners, of the lots, and they must decide between themselves which of the executive member positions of the committee each is to hold, and, if they can not agree, the positions of the executive members are jointly held by both of them. (sec.14-ssec.6) If subsection (3) (e) applies, the committee consists of 3 individuals who are the owners, or the nominees of the owners, of the lots, and they must decide between themselves which of the executive member positions of the committee each is to hold, and, if they can not agree, the positions of the executive members are jointly held by each of them. (sec.14-ssec.7) Subsections (4) , (5) and (6) do not apply to the scheme if, at an annual general meeting, the body corporate engages under part 5 a body corporate manager to carry out the functions of a committee and each executive member of a committee. (sec.14-ssec.8) A committee mentioned in subsection (4) , (5) or (6) is a minor committee .
If, on the day the first annual general meeting of the body corporate is held, the committee is formed under section 14 (4) , a subsequent committee may be chosen at an extraordinary general meeting held before the next annual general meeting after the first annual general meeting. This subdivision applies to the extraordinary general meeting as if it were the next annual general meeting after the first annual general meeting. (sec.15-ssec.1) If, on the day the first annual general meeting of the body corporate is held, the committee is formed under section 14 (4) , a subsequent committee may be chosen at an extraordinary general meeting held before the next annual general meeting after the first annual general meeting. (sec.15-ssec.2) This subdivision applies to the extraordinary general meeting as if it were the next annual general meeting after the first annual general meeting.
The members of the committee must be chosen by an election conducted under sections 17 to 31 , unless the body corporate decides by special resolution that the members are to be elected in another way. Unless otherwise provided under this regulation, the election of a member must be by ballot. For an example of this regulation otherwise providing, see section 29 . The value of any vote able to be cast for a lot included in the community titles scheme for choosing a member of the committee is the same as the value of the vote able to be cast for each other lot included in the scheme. For subsection (3) , it is immaterial whether there are 2 or more co-owners of 1 or more of the lots. A way decided by the body corporate under subsection (1) must be fair and reasonable in the circumstances of the scheme. However, this section does not apply to— a member of a minor committee; or deciding which of the executive member positions each member of a minor committee is to hold; or a member of a committee chosen under subdivision 6 or division 3 , subdivision 2 . (sec.16-ssec.1) The members of the committee must be chosen by an election conducted under sections 17 to 31 , unless the body corporate decides by special resolution that the members are to be elected in another way. (sec.16-ssec.2) Unless otherwise provided under this regulation, the election of a member must be by ballot. For an example of this regulation otherwise providing, see section 29 . (sec.16-ssec.3) The value of any vote able to be cast for a lot included in the community titles scheme for choosing a member of the committee is the same as the value of the vote able to be cast for each other lot included in the scheme. (sec.16-ssec.4) For subsection (3) , it is immaterial whether there are 2 or more co-owners of 1 or more of the lots. (sec.16-ssec.5) A way decided by the body corporate under subsection (1) must be fair and reasonable in the circumstances of the scheme. (sec.16-ssec.6) However, this section does not apply to— a member of a minor committee; or deciding which of the executive member positions each member of a minor committee is to hold; or a member of a committee chosen under subdivision 6 or division 3 , subdivision 2 .
This section states how individuals are nominated for election as a voting member of a committee at the annual general meeting for the community titles scheme, other than the first annual general meeting. The secretary must serve a notice on each owner of a lot shown on the body corporate’s roll— setting out an owner’s right of nomination under section 18 and inviting nomination; and stating that the owner, or a person nominated by the owner, is not eligible to be a voting member of the committee if the owner owes a body corporate debt in relation to a lot or lots owned by the owner at the time the members of the committee are chosen. The notice must be given at least 3 weeks before, but not earlier than 6 weeks before, the end of the body corporate’s financial year. See also section 76 . Nominations must comply with section 19 and must be given to the secretary by the end of the body corporate’s financial year. As soon as practicable after receiving a nomination under this section, the secretary must forward written notice to the candidate acknowledging the nomination has been received. (sec.17-ssec.1) This section states how individuals are nominated for election as a voting member of a committee at the annual general meeting for the community titles scheme, other than the first annual general meeting. (sec.17-ssec.2) The secretary must serve a notice on each owner of a lot shown on the body corporate’s roll— setting out an owner’s right of nomination under section 18 and inviting nomination; and stating that the owner, or a person nominated by the owner, is not eligible to be a voting member of the committee if the owner owes a body corporate debt in relation to a lot or lots owned by the owner at the time the members of the committee are chosen. (sec.17-ssec.3) The notice must be given at least 3 weeks before, but not earlier than 6 weeks before, the end of the body corporate’s financial year. See also section 76 . (sec.17-ssec.4) Nominations must comply with section 19 and must be given to the secretary by the end of the body corporate’s financial year. (sec.17-ssec.5) As soon as practicable after receiving a nomination under this section, the secretary must forward written notice to the candidate acknowledging the nomination has been received.
The owner of a lot may nominate 1 person for election as a voting member of the committee. However, if the owner owns more than 1 lot in the community titles scheme, the owner may nominate persons for the election as follows— if the owner owns 2 lots or there are fewer than 7 lots included in the scheme—the owner may nominate 2 persons; Ms Jones owns 3 lots in a scheme that includes 6 lots. Ms Jones may nominate 2 persons for election. Ms Smith owns 2 lots in a scheme that includes 8 lots. Ms Smith may nominate 2 persons for election. if the owner owns more than 2 lots and there are 7 or more lots included in the scheme—the owner may nominate 3 persons. Mr and Mrs Brown own 5 lots in a scheme that includes 12 lots. Mr and Mrs Brown may nominate 3 persons for election. The following persons may be nominated under subsection (1) or (2) — if the owner of the lot is an individual— the owner of the lot; or an individual who may be nominated by the owner of the lot under section 11 (1) (b) ; or another individual who is an owner of a lot; if the owner of the lot is not an individual— an individual who may be nominated by the owner of the lot under section 11 (1) (c) or (d) ; or an individual who is an owner of a lot. If the owner of a lot owes a body corporate debt when the owner’s nomination is received by the secretary, the owner’s nomination or nominations are taken not to comply with this regulation. The right of the owner of a lot to nominate persons for election under this section applies only for the purposes of sections 17 and 20 . In this section— owner , of a lot, includes co-owners of the lot. (sec.18-ssec.1) The owner of a lot may nominate 1 person for election as a voting member of the committee. (sec.18-ssec.2) However, if the owner owns more than 1 lot in the community titles scheme, the owner may nominate persons for the election as follows— if the owner owns 2 lots or there are fewer than 7 lots included in the scheme—the owner may nominate 2 persons; Ms Jones owns 3 lots in a scheme that includes 6 lots. Ms Jones may nominate 2 persons for election. Ms Smith owns 2 lots in a scheme that includes 8 lots. Ms Smith may nominate 2 persons for election. if the owner owns more than 2 lots and there are 7 or more lots included in the scheme—the owner may nominate 3 persons. Mr and Mrs Brown own 5 lots in a scheme that includes 12 lots. Mr and Mrs Brown may nominate 3 persons for election. (sec.18-ssec.3) The following persons may be nominated under subsection (1) or (2) — if the owner of the lot is an individual— the owner of the lot; or an individual who may be nominated by the owner of the lot under section 11 (1) (b) ; or another individual who is an owner of a lot; if the owner of the lot is not an individual— an individual who may be nominated by the owner of the lot under section 11 (1) (c) or (d) ; or an individual who is an owner of a lot. (sec.18-ssec.4) If the owner of a lot owes a body corporate debt when the owner’s nomination is received by the secretary, the owner’s nomination or nominations are taken not to comply with this regulation. (sec.18-ssec.5) The right of the owner of a lot to nominate persons for election under this section applies only for the purposes of sections 17 and 20 . (sec.18-ssec.6) In this section— owner , of a lot, includes co-owners of the lot.
For section 17 , a nomination must be made by written notice and— if the nomination is from an owner of a lot nominating the owner—must be signed and dated by the owner; or if the nomination is from an owner of a lot nominating an individual other than the owner— must be signed and dated by the individual; and must be countersigned by the owner, or a person acting under the authority of the owner. A nomination must contain each of the following details— the family name and either the first given name or other name or abbreviation by which the nominated person (the candidate ) is generally known; the position or positions the candidate is nominated for; whether the candidate is an owner of a lot; if the candidate is not an owner of a lot— the candidate’s residential or business address; and the category of person mentioned in section 11 (1) (b) , (c) or (d) to which the candidate belongs; and the name of the owner of a lot who nominated the candidate; details of any payment to be made to, or to be sought by, the candidate from the body corporate for the candidate carrying out the duties of a committee member. payment of the candidate’s expenses for travelling to committee meetings (sec.19-ssec.1) For section 17 , a nomination must be made by written notice and— if the nomination is from an owner of a lot nominating the owner—must be signed and dated by the owner; or if the nomination is from an owner of a lot nominating an individual other than the owner— must be signed and dated by the individual; and must be countersigned by the owner, or a person acting under the authority of the owner. (sec.19-ssec.2) A nomination must contain each of the following details— the family name and either the first given name or other name or abbreviation by which the nominated person (the candidate ) is generally known; the position or positions the candidate is nominated for; whether the candidate is an owner of a lot; if the candidate is not an owner of a lot— the candidate’s residential or business address; and the category of person mentioned in section 11 (1) (b) , (c) or (d) to which the candidate belongs; and the name of the owner of a lot who nominated the candidate; details of any payment to be made to, or to be sought by, the candidate from the body corporate for the candidate carrying out the duties of a committee member. payment of the candidate’s expenses for travelling to committee meetings
An owner of a lot may nominate individuals, as provided under section 18 , for election as a voting member of the committee for an election held at the first annual general meeting for the community titles scheme. A nomination must be given at the meeting either— orally from the floor of the meeting; or in writing handed to the person chairing the meeting. (sec.20-ssec.1) An owner of a lot may nominate individuals, as provided under section 18 , for election as a voting member of the committee for an election held at the first annual general meeting for the community titles scheme. (sec.20-ssec.2) A nomination must be given at the meeting either— orally from the floor of the meeting; or in writing handed to the person chairing the meeting.
If, under this part, a committee election must be held at the first annual general meeting for the community titles scheme, the duties imposed on the secretary under this part must be carried out by the original owner. However, to be entitled to vote in the election, a person must be present at the meeting. (sec.21-ssec.1) If, under this part, a committee election must be held at the first annual general meeting for the community titles scheme, the duties imposed on the secretary under this part must be carried out by the original owner. (sec.21-ssec.2) However, to be entitled to vote in the election, a person must be present at the meeting.
Except to the extent that procedures for ballots are stated in this division, ballots for the election of executive and ordinary members to the committee may be conducted in the way decided by the body corporate by ordinary resolution. The body corporate may pass a resolution, under subsection (1) , that voters for an election for the committee may cast votes electronically only if the body corporate operates a system for receiving electronic votes that rejects a vote cast by a person who— is not eligible to vote in the election; or has already voted in the election. (sec.22-ssec.1) Except to the extent that procedures for ballots are stated in this division, ballots for the election of executive and ordinary members to the committee may be conducted in the way decided by the body corporate by ordinary resolution. (sec.22-ssec.2) The body corporate may pass a resolution, under subsection (1) , that voters for an election for the committee may cast votes electronically only if the body corporate operates a system for receiving electronic votes that rejects a vote cast by a person who— is not eligible to vote in the election; or has already voted in the election.
The secretary must forward, with the notices for an annual general meeting, the information stated in subsection (2) for each of the following positions for which a ballot is required— chairperson; secretary; treasurer; ordinary members of the committee. For subsection (1) , the information is a list of the candidates properly nominated for the position, showing for each candidate— whether the candidate is an owner of a lot; and if the candidate is not an owner of a lot— the candidate’s residential or business address; and the category of person mentioned in section 11 (1) (b) , (c) or (d) to which the candidate belongs; and the name of the owner of a lot who nominated the candidate; and details of any payment to be made to, or to be sought by, the candidate from the body corporate for the candidate carrying out the duties of a committee member. For examples of nomination requirements, see sections 11 , 18 and 19 . (sec.23-ssec.1) The secretary must forward, with the notices for an annual general meeting, the information stated in subsection (2) for each of the following positions for which a ballot is required— chairperson; secretary; treasurer; ordinary members of the committee. (sec.23-ssec.2) For subsection (1) , the information is a list of the candidates properly nominated for the position, showing for each candidate— whether the candidate is an owner of a lot; and if the candidate is not an owner of a lot— the candidate’s residential or business address; and the category of person mentioned in section 11 (1) (b) , (c) or (d) to which the candidate belongs; and the name of the owner of a lot who nominated the candidate; and details of any payment to be made to, or to be sought by, the candidate from the body corporate for the candidate carrying out the duties of a committee member. For examples of nomination requirements, see sections 11 , 18 and 19 .
Unless section 64 (5) applies, any items of business about the election of members of the committee that are on the agenda for an annual general meeting must be conducted as the last items of business for the meeting. The election of members takes effect immediately after the close of the meeting at which they are elected. Each ballot may proceed to the count only after the person chairing the meeting has allowed enough time for votes to be cast and announced the close of the ballot. Each candidate for a ballot, and any scrutineer appointed by a candidate, may watch the count. (sec.24-ssec.1) Unless section 64 (5) applies, any items of business about the election of members of the committee that are on the agenda for an annual general meeting must be conducted as the last items of business for the meeting. (sec.24-ssec.2) The election of members takes effect immediately after the close of the meeting at which they are elected. (sec.24-ssec.3) Each ballot may proceed to the count only after the person chairing the meeting has allowed enough time for votes to be cast and announced the close of the ballot. (sec.24-ssec.4) Each candidate for a ballot, and any scrutineer appointed by a candidate, may watch the count.
Ballots for the positions on the committee for which ballots are required must be conducted in the following order— chairperson; secretary; treasurer; ordinary members.
The person chairing an annual general meeting must declare the result of an election. When declaring the result of an election, the person chairing the meeting must state the number of votes cast for each candidate. The number of votes cast for each candidate must be recorded in the minutes of the meeting. The voting tally sheet kept for the meeting must include, for each ballot conducted under this subdivision— a list of the votes rejected from the count; and for each vote rejected—the reason for the rejection; and the total number of votes counted for each candidate. The voting tally sheet may be inspected at the meeting by any of the following persons— a person who is a voter for the meeting; a candidate; the returning officer, if any, appointed by the body corporate for the meeting; the person chairing the meeting; a scrutineer appointed by a candidate under section 24 (4) . (sec.26-ssec.1) The person chairing an annual general meeting must declare the result of an election. (sec.26-ssec.2) When declaring the result of an election, the person chairing the meeting must state the number of votes cast for each candidate. (sec.26-ssec.3) The number of votes cast for each candidate must be recorded in the minutes of the meeting. (sec.26-ssec.4) The voting tally sheet kept for the meeting must include, for each ballot conducted under this subdivision— a list of the votes rejected from the count; and for each vote rejected—the reason for the rejection; and the total number of votes counted for each candidate. (sec.26-ssec.5) The voting tally sheet may be inspected at the meeting by any of the following persons— a person who is a voter for the meeting; a candidate; the returning officer, if any, appointed by the body corporate for the meeting; the person chairing the meeting; a scrutineer appointed by a candidate under section 24 (4) .
If only 1 person is nominated for the position of chairperson, secretary or treasurer, the person chairing the meeting, if satisfied the nomination complies with this regulation, must declare the person to have been elected unopposed. For examples of nomination requirements, see sections 11 , 18 and 19. If, for the position of chairperson, secretary or treasurer, there has been no nomination, the person chairing the meeting— must invite nominations for the position at the meeting; and must accept nominations that are made in either of the following ways— by a member of the body corporate who is present at the meeting; in writing, by a member of the body corporate not present at the meeting. A member of the body corporate may nominate, under subsection (2) (b) , not more than 1 person for the position. Subsection (3) applies even if the member is the owner of more than 1 lot included in the community titles scheme. To remove any doubt, it is declared that the member may make the nomination whether or not the member made a nomination under section 17 for a position on the committee. If more than 1 person has nominated for a position, a ballot must be conducted, and the person chairing the meeting must declare the person who receives the highest number of votes to have been elected. If, on a counting of votes, 2 or more persons each receive an identical number of votes, and no other candidate receives a higher number of votes, the result must be decided between the 2 or more persons by chance in the way the meeting decides. (sec.27-ssec.1) If only 1 person is nominated for the position of chairperson, secretary or treasurer, the person chairing the meeting, if satisfied the nomination complies with this regulation, must declare the person to have been elected unopposed. For examples of nomination requirements, see sections 11 , 18 and 19. (sec.27-ssec.2) If, for the position of chairperson, secretary or treasurer, there has been no nomination, the person chairing the meeting— must invite nominations for the position at the meeting; and must accept nominations that are made in either of the following ways— by a member of the body corporate who is present at the meeting; in writing, by a member of the body corporate not present at the meeting. (sec.27-ssec.3) A member of the body corporate may nominate, under subsection (2) (b) , not more than 1 person for the position. (sec.27-ssec.4) Subsection (3) applies even if the member is the owner of more than 1 lot included in the community titles scheme. (sec.27-ssec.5) To remove any doubt, it is declared that the member may make the nomination whether or not the member made a nomination under section 17 for a position on the committee. (sec.27-ssec.6) If more than 1 person has nominated for a position, a ballot must be conducted, and the person chairing the meeting must declare the person who receives the highest number of votes to have been elected. (sec.27-ssec.7) If, on a counting of votes, 2 or more persons each receive an identical number of votes, and no other candidate receives a higher number of votes, the result must be decided between the 2 or more persons by chance in the way the meeting decides.
The positions of the ordinary members of the committee may only be decided after the executive member positions on the committee are filled. A person’s nomination for a position as an ordinary member has no effect if the person is elected as an executive member of the committee. Subsection (2) applies even if the person’s name appears on a list of candidates for ordinary members forwarded before the meeting. (sec.28-ssec.1) The positions of the ordinary members of the committee may only be decided after the executive member positions on the committee are filled. (sec.28-ssec.2) A person’s nomination for a position as an ordinary member has no effect if the person is elected as an executive member of the committee. (sec.28-ssec.3) Subsection (2) applies even if the person’s name appears on a list of candidates for ordinary members forwarded before the meeting.
Subsection (2) applies if, at an annual general meeting— the number of candidates nominated for ordinary member positions plus the number of executive members of the committee is not more than the maximum number of voting members for the committee; and the person chairing the meeting is satisfied the nominations for the ordinary member positions comply with this regulation. For examples of nomination requirements, see sections 11 , 18 and 19 . The person chairing the meeting must declare the candidates to have been elected as ordinary members. Subsection (4) applies if the number of candidates nominated for ordinary member positions plus the number of executive members of the committee is more than the maximum number of voting members for the committee. A ballot must be conducted for the election of ordinary members of the committee. (sec.29-ssec.1) Subsection (2) applies if, at an annual general meeting— the number of candidates nominated for ordinary member positions plus the number of executive members of the committee is not more than the maximum number of voting members for the committee; and the person chairing the meeting is satisfied the nominations for the ordinary member positions comply with this regulation. For examples of nomination requirements, see sections 11 , 18 and 19 . (sec.29-ssec.2) The person chairing the meeting must declare the candidates to have been elected as ordinary members. (sec.29-ssec.3) Subsection (4) applies if the number of candidates nominated for ordinary member positions plus the number of executive members of the committee is more than the maximum number of voting members for the committee. (sec.29-ssec.4) A ballot must be conducted for the election of ordinary members of the committee.
This section applies if, at an annual general meeting, the number of the ordinary members plus the number of executive members of the committee is less than the maximum number of voting members for the committee. The person chairing the meeting must invite nominations at the meeting for the number of ordinary member positions necessary to bring the total number of voting members for the committee to the maximum number. If nominations are called for under subsection (2) and 1 co-owner of a lot has been elected as a member of the committee, not more than 1 other co-owner of the lot may be nominated for an ordinary member position if necessary to bring the total number of voting members of the committee to 3. The person chairing the meeting— must invite nominations for the position or positions at the meeting; and must accept nominations that are made in either of the following ways— by a member of the body corporate who is present at the meeting; in writing, by a member of the body corporate not present at the meeting. A member of the body corporate may nominate, under subsection (4) (b) , not more than 1 person for all ordinary member positions for which nominations are invited. Subsection (5) applies even if the member is the owner of more than 1 lot included in the community titles scheme. To remove any doubt, it is declared that the member may make the nomination whether or not the member made a nomination under section 17 for a position on the committee. (sec.30-ssec.1) This section applies if, at an annual general meeting, the number of the ordinary members plus the number of executive members of the committee is less than the maximum number of voting members for the committee. (sec.30-ssec.2) The person chairing the meeting must invite nominations at the meeting for the number of ordinary member positions necessary to bring the total number of voting members for the committee to the maximum number. (sec.30-ssec.3) If nominations are called for under subsection (2) and 1 co-owner of a lot has been elected as a member of the committee, not more than 1 other co-owner of the lot may be nominated for an ordinary member position if necessary to bring the total number of voting members of the committee to 3. (sec.30-ssec.4) The person chairing the meeting— must invite nominations for the position or positions at the meeting; and must accept nominations that are made in either of the following ways— by a member of the body corporate who is present at the meeting; in writing, by a member of the body corporate not present at the meeting. (sec.30-ssec.5) A member of the body corporate may nominate, under subsection (4) (b) , not more than 1 person for all ordinary member positions for which nominations are invited. (sec.30-ssec.6) Subsection (5) applies even if the member is the owner of more than 1 lot included in the community titles scheme. (sec.30-ssec.7) To remove any doubt, it is declared that the member may make the nomination whether or not the member made a nomination under section 17 for a position on the committee.
This section applies if, at an annual general meeting, it is necessary to conduct a ballot for ordinary members of the committee. The persons who receive the highest numbers of votes in the ballot, in descending order until the committee numbers the maximum number of voting members for the committee, must be declared elected as the ordinary members. If, on a counting of votes, 2 or more persons each receive an identical number of votes and the number of persons to be elected would be exceeded if the 2 or more persons were declared elected, the result of the ballot must be decided between the 2 or more persons by chance in the way the meeting decides. For the counting of votes for positions of ordinary members of the committee cast before the annual general meeting, a vote cast for each person who has already been elected to an executive member position is void. (sec.31-ssec.1) This section applies if, at an annual general meeting, it is necessary to conduct a ballot for ordinary members of the committee. (sec.31-ssec.2) The persons who receive the highest numbers of votes in the ballot, in descending order until the committee numbers the maximum number of voting members for the committee, must be declared elected as the ordinary members. (sec.31-ssec.3) If, on a counting of votes, 2 or more persons each receive an identical number of votes and the number of persons to be elected would be exceeded if the 2 or more persons were declared elected, the result of the ballot must be decided between the 2 or more persons by chance in the way the meeting decides. (sec.31-ssec.4) For the counting of votes for positions of ordinary members of the committee cast before the annual general meeting, a vote cast for each person who has already been elected to an executive member position is void.
In this subdivision— elected member , of a committee, means an executive or ordinary member of the committee elected at a relevant annual general meeting of the body corporate. relevant annual general meeting means an annual general meeting of a body corporate, other than an annual general meeting mentioned in section 14 (3) , at which— at least 1 person is elected as an executive or ordinary member of the committee; and either— at least 1 executive member position on the committee is not filled; or the total number of voting members of the committee elected is less than 3; and the body corporate does not approve the engagement of a body corporate manager under part 5 .
Within 1 month after a relevant annual general meeting is held, the elected member of the committee or, if there is more than 1 elected member, the elected members of the committee acting jointly, must call an extraordinary general meeting of the body corporate. The extraordinary meeting must be held within 2 months after the relevant annual general meeting. Section 74 does not apply to the calling or holding of the extraordinary general meeting. (sec.33-ssec.1) Within 1 month after a relevant annual general meeting is held, the elected member of the committee or, if there is more than 1 elected member, the elected members of the committee acting jointly, must call an extraordinary general meeting of the body corporate. (sec.33-ssec.2) The extraordinary meeting must be held within 2 months after the relevant annual general meeting. (sec.33-ssec.3) Section 74 does not apply to the calling or holding of the extraordinary general meeting.
At an extraordinary general meeting called under this subdivision, the body corporate may appoint, without conducting an election, a person who is eligible to be a member of the committee to fill a vacancy on the committee. If 1 co-owner of a lot is an elected member of the committee, not more than 1 other co-owner of the lot may be appointed under this section as an ordinary member if necessary to bring the total number of voting members of the committee to 3. A person must not be appointed under this section as a member of the committee if, following the appointment, the committee would number more than the maximum number of voting members for the committee. (sec.34-ssec.1) At an extraordinary general meeting called under this subdivision, the body corporate may appoint, without conducting an election, a person who is eligible to be a member of the committee to fill a vacancy on the committee. (sec.34-ssec.2) If 1 co-owner of a lot is an elected member of the committee, not more than 1 other co-owner of the lot may be appointed under this section as an ordinary member if necessary to bring the total number of voting members of the committee to 3. (sec.34-ssec.3) A person must not be appointed under this section as a member of the committee if, following the appointment, the committee would number more than the maximum number of voting members for the committee.
The agenda of an extraordinary general meeting of a body corporate held under this subdivision must include a motion approving a person’s engagement as a body corporate manager under part 5 . The motion may be considered at the meeting only if, following any appointment of committee members under section 34 — at least 1 executive member position on the committee is not filled; or the total number of voting members of the committee is less than 3. If the motion is considered at the meeting, it must be considered as the last item of business for the meeting. (sec.35-ssec.1) The agenda of an extraordinary general meeting of a body corporate held under this subdivision must include a motion approving a person’s engagement as a body corporate manager under part 5 . (sec.35-ssec.2) The motion may be considered at the meeting only if, following any appointment of committee members under section 34 — at least 1 executive member position on the committee is not filled; or the total number of voting members of the committee is less than 3. (sec.35-ssec.3) If the motion is considered at the meeting, it must be considered as the last item of business for the meeting.
The term of office of a member of the committee continues until— another person is chosen for the position; or the member’s position becomes vacant under subsection (2) ; or the member’s term of office ends under subsection (4) . A member’s position becomes vacant if the member— dies; or becomes ineligible to hold the position; or resigns by written notice given to the chairperson or secretary; or is not present personally, by proxy or by any electronic means authorised by a resolution of the committee, at 2 consecutive meetings of the committee without the committee’s leave; or is convicted, whether or not a conviction is recorded, of an indictable offence; or is removed from office by ordinary resolution of the body corporate; or is removed from office under section 37 . For subsection (2) (b) , without limiting the reasons a member may become ineligible to hold the member’s position, a member is ineligible to hold the member’s position if the member— was a member of the body corporate at the time the member was elected but is no longer a member of the body corporate; or was not a member of the body corporate at the time the member was elected and was nominated for membership by a member of the body corporate who is no longer a member of the body corporate; or is engaged as a body corporate manager or service contractor, or authorised as a letting agent. The term of office of a member of a committee for the body corporate ends if the body corporate engages a body corporate manager under part 5 . To remove any doubt, it is declared that subsections (1) to (3) do not apply to a non-voting member of the committee. (sec.36-ssec.1) The term of office of a member of the committee continues until— another person is chosen for the position; or the member’s position becomes vacant under subsection (2) ; or the member’s term of office ends under subsection (4) . (sec.36-ssec.2) A member’s position becomes vacant if the member— dies; or becomes ineligible to hold the position; or resigns by written notice given to the chairperson or secretary; or is not present personally, by proxy or by any electronic means authorised by a resolution of the committee, at 2 consecutive meetings of the committee without the committee’s leave; or is convicted, whether or not a conviction is recorded, of an indictable offence; or is removed from office by ordinary resolution of the body corporate; or is removed from office under section 37 . (sec.36-ssec.3) For subsection (2) (b) , without limiting the reasons a member may become ineligible to hold the member’s position, a member is ineligible to hold the member’s position if the member— was a member of the body corporate at the time the member was elected but is no longer a member of the body corporate; or was not a member of the body corporate at the time the member was elected and was nominated for membership by a member of the body corporate who is no longer a member of the body corporate; or is engaged as a body corporate manager or service contractor, or authorised as a letting agent. (sec.36-ssec.4) The term of office of a member of a committee for the body corporate ends if the body corporate engages a body corporate manager under part 5 . (sec.36-ssec.5) To remove any doubt, it is declared that subsections (1) to (3) do not apply to a non-voting member of the committee.
For section 101B (3) of the Act , this section prescribes the way a voting member may be removed from office for breaching the code of conduct. A body corporate may begin the process to remove a member only by deciding, by ordinary resolution, to give the member a written notice stating each of the following matters— that the body corporate believes the member has breached a stated provision of the code of conduct; details sufficient to identify the breach in not more than 600 words; that the member may give any other member of the body corporate, within the stated period of at least 21 days after the member is given the notice, a written response to the notice in not more than 600 words; that, if asked by the member, the body corporate will pay the member all postage charges and photocopy expenses reasonably incurred by the member in giving a written response under paragraph (c) to any other member of the body corporate; that the body corporate is to consider a motion to remove the member from office for the breach at the next general meeting of the body corporate called after the period mentioned in paragraph (c) ends. If asked by the member, the body corporate must pay the member all postage charges and photocopy expenses reasonably incurred by the member in giving a written response under subsection (2) (c) to any other member of the body corporate. If a notice under subsection (2) is given to the member and the period mentioned in subsection (2) (c) has ended, the body corporate must— include on the agenda of the next general meeting of the body corporate, called after the period ends, a motion to remove the member from office for breaching the code of conduct; and attach to the agenda a copy of the notice given to the member. At the next general meeting mentioned in subsection (4) (a) , the member may be removed from office by ordinary resolution. (sec.37-ssec.1) For section 101B (3) of the Act , this section prescribes the way a voting member may be removed from office for breaching the code of conduct. (sec.37-ssec.2) A body corporate may begin the process to remove a member only by deciding, by ordinary resolution, to give the member a written notice stating each of the following matters— that the body corporate believes the member has breached a stated provision of the code of conduct; details sufficient to identify the breach in not more than 600 words; that the member may give any other member of the body corporate, within the stated period of at least 21 days after the member is given the notice, a written response to the notice in not more than 600 words; that, if asked by the member, the body corporate will pay the member all postage charges and photocopy expenses reasonably incurred by the member in giving a written response under paragraph (c) to any other member of the body corporate; that the body corporate is to consider a motion to remove the member from office for the breach at the next general meeting of the body corporate called after the period mentioned in paragraph (c) ends. (sec.37-ssec.3) If asked by the member, the body corporate must pay the member all postage charges and photocopy expenses reasonably incurred by the member in giving a written response under subsection (2) (c) to any other member of the body corporate. (sec.37-ssec.4) If a notice under subsection (2) is given to the member and the period mentioned in subsection (2) (c) has ended, the body corporate must— include on the agenda of the next general meeting of the body corporate, called after the period ends, a motion to remove the member from office for breaching the code of conduct; and attach to the agenda a copy of the notice given to the member. (sec.37-ssec.5) At the next general meeting mentioned in subsection (4) (a) , the member may be removed from office by ordinary resolution.
This subdivision applies if the position of an executive or ordinary member of the committee becomes vacant under section 36 (2) . However, this subdivision does not apply to a person who is a member of a minor committee. (sec.38-ssec.1) This subdivision applies if the position of an executive or ordinary member of the committee becomes vacant under section 36 (2) . (sec.38-ssec.2) However, this subdivision does not apply to a person who is a member of a minor committee.
If the reason for the vacancy is that the committee member is removed from office by ordinary resolution of the body corporate under subdivision 1 , the body corporate may, at the general meeting at which the resolution is passed, appoint a person who is eligible to be a member of the committee to fill the vacancy. It is not necessary for the body corporate to conduct an election to make an appointment under subsection (1) . (sec.39-ssec.1) If the reason for the vacancy is that the committee member is removed from office by ordinary resolution of the body corporate under subdivision 1 , the body corporate may, at the general meeting at which the resolution is passed, appoint a person who is eligible to be a member of the committee to fill the vacancy. (sec.39-ssec.2) It is not necessary for the body corporate to conduct an election to make an appointment under subsection (1) .
Within 1 month after the position of the member of the committee becomes vacant, the committee must— if the number of its members has not fallen below the number required for a quorum— appoint a person who is eligible to be a member of the committee to fill the vacancy; or call a general meeting of the body corporate to choose a person to fill the vacancy; or if the number of its members has fallen below the number required for a quorum—call a general meeting of the body corporate to choose a person to fill the vacancy. However, subsection (1) does not apply if the body corporate fills the vacancy under section 39 . (sec.40-ssec.1) Within 1 month after the position of the member of the committee becomes vacant, the committee must— if the number of its members has not fallen below the number required for a quorum— appoint a person who is eligible to be a member of the committee to fill the vacancy; or call a general meeting of the body corporate to choose a person to fill the vacancy; or if the number of its members has fallen below the number required for a quorum—call a general meeting of the body corporate to choose a person to fill the vacancy. (sec.40-ssec.2) However, subsection (1) does not apply if the body corporate fills the vacancy under section 39 .
If a general meeting is called under section 40 , the notice of the meeting must be accompanied by an explanatory note prepared by the committee. The explanatory note must state that— an owner of a lot may nominate a person for election to a vacant executive member or ordinary member position if the owner does not owe a body corporate debt at the time of the meeting; and a nomination may be made— orally from the floor of the meeting; or by giving, in a way mentioned in section 210 (2) , a written nomination to a member of the committee named in the explanatory note so the member receives the nomination before the election is conducted at the meeting; and an owner of a lot must be present personally at the general meeting to vote in the election. (sec.41-ssec.1) If a general meeting is called under section 40 , the notice of the meeting must be accompanied by an explanatory note prepared by the committee. (sec.41-ssec.2) The explanatory note must state that— an owner of a lot may nominate a person for election to a vacant executive member or ordinary member position if the owner does not owe a body corporate debt at the time of the meeting; and a nomination may be made— orally from the floor of the meeting; or by giving, in a way mentioned in section 210 (2) , a written nomination to a member of the committee named in the explanatory note so the member receives the nomination before the election is conducted at the meeting; and an owner of a lot must be present personally at the general meeting to vote in the election.
At a general meeting called under section 40 , the body corporate may elect a person who is eligible to be a member of the committee to fill a vacant executive or ordinary member position. Subject to subsections (3) to (12) , the election must be conducted in the way decided by the body corporate. A way decided by the body corporate must be fair and reasonable in the circumstances of the community titles scheme. The person chairing the general meeting must— invite nominations for all vacant executive or ordinary member positions at the meeting; and accept the following nominations made by owners of lots who do not owe a body corporate debt at the time of the meeting— nominations made orally from the floor of the meeting; written nominations given in a way mentioned in section 210 (2) to the committee member named in the explanatory note accompanying the notice of the meeting and received by the member before the election is conducted at the meeting. The named committee member must give the person chairing the meeting all nominations received before the election is conducted. An owner of a lot may nominate not more than 1 person for election to any of the following positions— a vacant executive member position; all vacant ordinary member positions. Subsection (6) applies even if the member is the owner of more than 1 lot included in the scheme. If 1 co-owner of a lot is an executive or ordinary member of the committee, not more than 1 other co-owner of the lot may be nominated for a vacant ordinary member position if necessary to bring the total number of voting members of the committee to 3. To be entitled to vote in an election for a vacant executive or ordinary member position, an owner of a lot must be present personally at the general meeting. The value of any vote able to be cast for a lot included in the scheme for choosing a member of the committee is the same as the value of the vote able to be cast for each other lot included in the scheme. Subsection (10) applies regardless of whether there are 2 or more owners of 1 or more of the lots. The election of a member under this section takes effect immediately after the close of the meeting at which the member is elected. (sec.42-ssec.1) At a general meeting called under section 40 , the body corporate may elect a person who is eligible to be a member of the committee to fill a vacant executive or ordinary member position. (sec.42-ssec.2) Subject to subsections (3) to (12) , the election must be conducted in the way decided by the body corporate. (sec.42-ssec.3) A way decided by the body corporate must be fair and reasonable in the circumstances of the community titles scheme. (sec.42-ssec.4) The person chairing the general meeting must— invite nominations for all vacant executive or ordinary member positions at the meeting; and accept the following nominations made by owners of lots who do not owe a body corporate debt at the time of the meeting— nominations made orally from the floor of the meeting; written nominations given in a way mentioned in section 210 (2) to the committee member named in the explanatory note accompanying the notice of the meeting and received by the member before the election is conducted at the meeting. (sec.42-ssec.5) The named committee member must give the person chairing the meeting all nominations received before the election is conducted. (sec.42-ssec.6) An owner of a lot may nominate not more than 1 person for election to any of the following positions— a vacant executive member position; all vacant ordinary member positions. (sec.42-ssec.7) Subsection (6) applies even if the member is the owner of more than 1 lot included in the scheme. (sec.42-ssec.8) If 1 co-owner of a lot is an executive or ordinary member of the committee, not more than 1 other co-owner of the lot may be nominated for a vacant ordinary member position if necessary to bring the total number of voting members of the committee to 3. (sec.42-ssec.9) To be entitled to vote in an election for a vacant executive or ordinary member position, an owner of a lot must be present personally at the general meeting. (sec.42-ssec.10) The value of any vote able to be cast for a lot included in the scheme for choosing a member of the committee is the same as the value of the vote able to be cast for each other lot included in the scheme. (sec.42-ssec.11) Subsection (10) applies regardless of whether there are 2 or more owners of 1 or more of the lots. (sec.42-ssec.12) The election of a member under this section takes effect immediately after the close of the meeting at which the member is elected.
If a general meeting is called under section 40 , the agenda for the general meeting must include a motion approving the engagement of a person as a body corporate manager under part 5 . The motion may be considered at the general meeting only if, after the election to fill all vacant committee member positions conducted at the meeting under section 42 — at least 1 executive member position on the committee is not filled; or the total number of voting members of the committee is less than 3. If the motion is considered at the general meeting, it must be considered as the last item of business for the meeting. (sec.43-ssec.1) If a general meeting is called under section 40 , the agenda for the general meeting must include a motion approving the engagement of a person as a body corporate manager under part 5 . (sec.43-ssec.2) The motion may be considered at the general meeting only if, after the election to fill all vacant committee member positions conducted at the meeting under section 42 — at least 1 executive member position on the committee is not filled; or the total number of voting members of the committee is less than 3. (sec.43-ssec.3) If the motion is considered at the general meeting, it must be considered as the last item of business for the meeting.
A decision is a decision on a restricted issue for the committee if it is a decision— fixing or changing a contribution to be levied by the body corporate; or changing rights, privileges or obligations of the owners of lots included in the community titles scheme; or on an issue reserved, by ordinary resolution of the body corporate, for decision by ordinary resolution of the body corporate; or Issues reserved, by ordinary resolution of the body corporate, for decision by ordinary resolution of the body corporate, must be recorded in a register—see section 219 . that may only be made by resolution without dissent, special resolution, majority resolution or ordinary resolution of the body corporate; or to start a proceeding, other than— a proceeding to recover a liquidated debt against the owner of a lot; or a counterclaim, third-party proceeding or other proceeding in relation to a proceeding to which the body corporate is already a party; or a proceeding for an offence under chapter 3 , part 5 , division 4 of the Act ; or a prescribed chapter 6 proceeding; or to pay remuneration, allowances or expenses to a member of the committee unless, under section 45 , the decision is not a decision on a restricted issue for the committee. In this section— prescribed chapter 6 proceeding — means a proceeding, including a proceeding for the enforcement of an adjudicator’s order, under chapter 6 of the Act ; but does not include an appeal against an adjudicator’s order. (sec.44-ssec.1) A decision is a decision on a restricted issue for the committee if it is a decision— fixing or changing a contribution to be levied by the body corporate; or changing rights, privileges or obligations of the owners of lots included in the community titles scheme; or on an issue reserved, by ordinary resolution of the body corporate, for decision by ordinary resolution of the body corporate; or Issues reserved, by ordinary resolution of the body corporate, for decision by ordinary resolution of the body corporate, must be recorded in a register—see section 219 . that may only be made by resolution without dissent, special resolution, majority resolution or ordinary resolution of the body corporate; or to start a proceeding, other than— a proceeding to recover a liquidated debt against the owner of a lot; or a counterclaim, third-party proceeding or other proceeding in relation to a proceeding to which the body corporate is already a party; or a proceeding for an offence under chapter 3 , part 5 , division 4 of the Act ; or a prescribed chapter 6 proceeding; or to pay remuneration, allowances or expenses to a member of the committee unless, under section 45 , the decision is not a decision on a restricted issue for the committee. (sec.44-ssec.2) In this section— prescribed chapter 6 proceeding — means a proceeding, including a proceeding for the enforcement of an adjudicator’s order, under chapter 6 of the Act ; but does not include an appeal against an adjudicator’s order.
A decision to pay remuneration, allowances or expenses to a member of the committee is not a decision on a restricted issue for the committee if— the decision is made by ordinary resolution of the body corporate stating— the full amount of the remuneration, allowances or expenses; and if the payment relates to expenses—the reason the expenses were incurred; and an explanatory schedule stating full details of the remuneration, allowances or expenses accompanied the relevant voting paper. For a payment relating to a mileage allowance, full details would include the distance travelled, the date of travel, the cost per kilometre and the reason for travel. Also, a decision to pay expenses to a member of the committee is not a decision on a restricted issue for the committee if— the decision is for the reimbursement of expenses of not more than $50 incurred by the member in attending a committee meeting; and the reimbursement would not result in the member being reimbursed more than $300 in a 12-month period for expenses incurred by the member in attending committee meetings. (sec.45-ssec.1) A decision to pay remuneration, allowances or expenses to a member of the committee is not a decision on a restricted issue for the committee if— the decision is made by ordinary resolution of the body corporate stating— the full amount of the remuneration, allowances or expenses; and if the payment relates to expenses—the reason the expenses were incurred; and an explanatory schedule stating full details of the remuneration, allowances or expenses accompanied the relevant voting paper. For a payment relating to a mileage allowance, full details would include the distance travelled, the date of travel, the cost per kilometre and the reason for travel. (sec.45-ssec.2) Also, a decision to pay expenses to a member of the committee is not a decision on a restricted issue for the committee if— the decision is for the reimbursement of expenses of not more than $50 incurred by the member in attending a committee meeting; and the reimbursement would not result in the member being reimbursed more than $300 in a 12-month period for expenses incurred by the member in attending committee meetings.
s 45A ins 2020 Act No. 38 s 39 sch 1 exp 30 April 2022 (see s 45A(2))
A meeting of the committee may be called by— the secretary or, in the secretary’s absence, the chairperson; or in the absence of both the secretary and the chairperson—another member of the committee acting with the agreement of enough members to form a quorum at a meeting of the committee. The secretary or, in the secretary’s absence, the chairperson must call a meeting if requested, in writing, to call the meeting by enough members of the committee to form a quorum at a meeting of the committee. See section 52 . The meeting must be held within 21 days after the secretary or chairperson receives the request to call the meeting. If the meeting is not held within 21 days, the meeting may be called by another member of the committee acting with the agreement of enough members to form a quorum at a meeting of the committee. The secretary and chairperson may both be presumed to be absent if the request for the meeting, addressed to the secretary and chairperson, is given at the address for service of the body corporate and no reply is received within 7 days. (sec.46-ssec.1) A meeting of the committee may be called by— the secretary or, in the secretary’s absence, the chairperson; or in the absence of both the secretary and the chairperson—another member of the committee acting with the agreement of enough members to form a quorum at a meeting of the committee. (sec.46-ssec.2) The secretary or, in the secretary’s absence, the chairperson must call a meeting if requested, in writing, to call the meeting by enough members of the committee to form a quorum at a meeting of the committee. See section 52 . (sec.46-ssec.3) The meeting must be held within 21 days after the secretary or chairperson receives the request to call the meeting. (sec.46-ssec.4) If the meeting is not held within 21 days, the meeting may be called by another member of the committee acting with the agreement of enough members to form a quorum at a meeting of the committee. (sec.46-ssec.5) The secretary and chairperson may both be presumed to be absent if the request for the meeting, addressed to the secretary and chairperson, is given at the address for service of the body corporate and no reply is received within 7 days.
A meeting of the committee is called by giving written notice to all other committee members stating when and where the meeting is to be held. The notice must be given— at least 7 days before the meeting; or at least 2 days before the meeting, if all voting members of the committee— vote, at the last meeting of the committee held before the proposed meeting, in favour of the reduced notice period for the proposed meeting; or agree in writing to the reduced notice period for the proposed meeting. Also, advice of the proposed meeting— if the body corporate maintains a noticeboard—must be placed on the noticeboard; and must be given to each owner of a lot individually, other than an owner who— has instructed the secretary that the owner does not wish to be given advice of committee meetings; and has not withdrawn the instruction. The advice mentioned in subsection (3) — must state when and where the meeting is to be held; and must be accompanied by the agenda for the meeting; and must be placed on the noticeboard and given to the owner of a lot when notice of the meeting is given to committee members. (sec.47-ssec.1) A meeting of the committee is called by giving written notice to all other committee members stating when and where the meeting is to be held. (sec.47-ssec.2) The notice must be given— at least 7 days before the meeting; or at least 2 days before the meeting, if all voting members of the committee— vote, at the last meeting of the committee held before the proposed meeting, in favour of the reduced notice period for the proposed meeting; or agree in writing to the reduced notice period for the proposed meeting. (sec.47-ssec.3) Also, advice of the proposed meeting— if the body corporate maintains a noticeboard—must be placed on the noticeboard; and must be given to each owner of a lot individually, other than an owner who— has instructed the secretary that the owner does not wish to be given advice of committee meetings; and has not withdrawn the instruction. (sec.47-ssec.4) The advice mentioned in subsection (3) — must state when and where the meeting is to be held; and must be accompanied by the agenda for the meeting; and must be placed on the noticeboard and given to the owner of a lot when notice of the meeting is given to committee members.
The first meeting of the committee after the committee is formed must be held at a place decided by the person calling the meeting. After the first meeting of the committee is held, a committee meeting must be held at a place decided by the committee. Despite subsections (1) and (2) , a committee meeting must not be held more than 15km, measured in a straight line on a horizontal plane, from scheme land if members making up at least half of the number of committee members needed for a quorum so require by written notice given to the secretary. (sec.48-ssec.1) The first meeting of the committee after the committee is formed must be held at a place decided by the person calling the meeting. (sec.48-ssec.2) After the first meeting of the committee is held, a committee meeting must be held at a place decided by the committee. (sec.48-ssec.3) Despite subsections (1) and (2) , a committee meeting must not be held more than 15km, measured in a straight line on a horizontal plane, from scheme land if members making up at least half of the number of committee members needed for a quorum so require by written notice given to the secretary.
The notice calling a committee meeting must include an agenda stating the substance of issues to be considered at the meeting. However, the committee may also consider other issues raised at the meeting. The agenda must include the substance of the following motions— if there has been a previous meeting of the committee—a motion to confirm the minutes of the preceding meeting; if the committee has passed, after the relevant day, a resolution other than at a meeting of the committee—a motion to confirm the resolution. In this section— relevant day means— the day of the preceding meeting of the committee; or if there has not been a previous meeting of the committee—the day the committee was formed. (sec.49-ssec.1) The notice calling a committee meeting must include an agenda stating the substance of issues to be considered at the meeting. (sec.49-ssec.2) However, the committee may also consider other issues raised at the meeting. (sec.49-ssec.3) The agenda must include the substance of the following motions— if there has been a previous meeting of the committee—a motion to confirm the minutes of the preceding meeting; if the committee has passed, after the relevant day, a resolution other than at a meeting of the committee—a motion to confirm the resolution. (sec.49-ssec.4) In this section— relevant day means— the day of the preceding meeting of the committee; or if there has not been a previous meeting of the committee—the day the committee was formed.
This section does not apply in relation to a motion for consideration at a meeting of the committee if— under a by-law for the community titles scheme a person must request the written approval of the body corporate or the committee in relation to the keeping or bringing of an animal on a lot or common property; and the motion is about whether to approve a request to keep or bring an animal on a lot or common property. A member of a body corporate may submit a motion for consideration by the committee by giving the motion to the secretary in a way mentioned in section 210 (2) . Subject to subsections (4) and (6) , for each motion submitted, the committee must do either of the following— as soon as reasonably practicable, and within the 6-week period after the day the motion is submitted (the decision period ), decide the motion; if the committee considers it requires more time to decide the motion, at any time before the end of the decision period, give the member a written notice stating— that the committee requires more time to decide the motion; and the reason the committee requires more time; and a reasonable period of no more than 6 weeks after the end of the decision period within which the committee is to decide the motion. The committee is not required to decide a motion if within the 12-month period before the member submitted the motion the member had submitted— a motion about the same issue; or 6 or more motions. If the committee decides not to decide a motion because subsection (4) (a) or (b) applies, the committee must give the member a written notice stating the reason why the motion was not decided. The committee must not decide a motion if— a decision on the motion would be a decision on a restricted issue for the committee; or the motion, if carried, would— conflict with the Act , this regulation or the by-laws, or a motion already voted on at the meeting; or be unlawful or unenforceable for another reason. The motion is taken to be not agreed to if— the committee does not decide the motion within the decision period; or the committee gives a notice under subsection (3) (b) and the committee does not decide the motion within 12 weeks after the day the motion is given to the secretary. s 50 amd 2024 SL No. 40 s 4 (sec.50-ssec.1) This section does not apply in relation to a motion for consideration at a meeting of the committee if— under a by-law for the community titles scheme a person must request the written approval of the body corporate or the committee in relation to the keeping or bringing of an animal on a lot or common property; and the motion is about whether to approve a request to keep or bring an animal on a lot or common property. (sec.50-ssec.2) A member of a body corporate may submit a motion for consideration by the committee by giving the motion to the secretary in a way mentioned in section 210 (2) . (sec.50-ssec.3) Subject to subsections (4) and (6) , for each motion submitted, the committee must do either of the following— as soon as reasonably practicable, and within the 6-week period after the day the motion is submitted (the decision period ), decide the motion; if the committee considers it requires more time to decide the motion, at any time before the end of the decision period, give the member a written notice stating— that the committee requires more time to decide the motion; and the reason the committee requires more time; and a reasonable period of no more than 6 weeks after the end of the decision period within which the committee is to decide the motion. (sec.50-ssec.4) The committee is not required to decide a motion if within the 12-month period before the member submitted the motion the member had submitted— a motion about the same issue; or 6 or more motions. (sec.50-ssec.5) If the committee decides not to decide a motion because subsection (4) (a) or (b) applies, the committee must give the member a written notice stating the reason why the motion was not decided. (sec.50-ssec.6) The committee must not decide a motion if— a decision on the motion would be a decision on a restricted issue for the committee; or the motion, if carried, would— conflict with the Act , this regulation or the by-laws, or a motion already voted on at the meeting; or be unlawful or unenforceable for another reason. (sec.50-ssec.7) The motion is taken to be not agreed to if— the committee does not decide the motion within the decision period; or the committee gives a notice under subsection (3) (b) and the committee does not decide the motion within 12 weeks after the day the motion is given to the secretary.
This section applies if— under a by-law for a community titles scheme, a person must request the written approval of the body corporate or the committee in relation to the keeping or bringing of an animal on a lot or common property; and a decision in relation to the request may be made by the committee. See section 72A for when a body corporate must decide a request at a general meeting. The request must be in writing and given to the secretary or, in the secretary’s absence, the chairperson. The committee must decide the request— as a motion for consideration by the committee; and within the period prescribed under section 50B (the prescribed period ). If the committee does not decide the request within the prescribed period the committee is taken to have decided to approve the request (the deemed decision ). The committee must give the person written notice of— a decision made under subsection (3) as soon as practicable after the decision is made; or a deemed decision as soon as practicable after the prescribed period ends. s 50A ins 2024 SL No. 40 s 5 (sec.50A-ssec.1) This section applies if— under a by-law for a community titles scheme, a person must request the written approval of the body corporate or the committee in relation to the keeping or bringing of an animal on a lot or common property; and a decision in relation to the request may be made by the committee. See section 72A for when a body corporate must decide a request at a general meeting. (sec.50A-ssec.2) The request must be in writing and given to the secretary or, in the secretary’s absence, the chairperson. (sec.50A-ssec.3) The committee must decide the request— as a motion for consideration by the committee; and within the period prescribed under section 50B (the prescribed period ). (sec.50A-ssec.4) If the committee does not decide the request within the prescribed period the committee is taken to have decided to approve the request (the deemed decision ). (sec.50A-ssec.5) The committee must give the person written notice of— a decision made under subsection (3) as soon as practicable after the decision is made; or a deemed decision as soon as practicable after the prescribed period ends.
For section 169B (4) (a) of the Act , for a decision of a committee, the prescribed period is within 21 days after the request is made to the committee. s 50B ins 2024 SL No. 40 s 5
The chairperson must chair all meetings of the committee at which the chairperson is present. If the chairperson is absent from a meeting, the member chosen, with the member’s agreement, by the voting members present at the meeting must chair the meeting. In this section— present means present personally or by electronic means. (sec.51-ssec.1) The chairperson must chair all meetings of the committee at which the chairperson is present. (sec.51-ssec.2) If the chairperson is absent from a meeting, the member chosen, with the member’s agreement, by the voting members present at the meeting must chair the meeting. (sec.51-ssec.3) In this section— present means present personally or by electronic means.
At a meeting of the committee, a quorum is at least half the number of voting members of the committee. If there are 6 voting members of the committee, a quorum is 3. If there are 7 voting members of the committee, a quorum is 4. For deciding whether there is a quorum, a voting member who is present— is counted as 1; or if the member has the proxy for an absent voting member and the use of proxies for the meeting is not prohibited under section 114 (2) (b) —is counted as 2. A non-voting member who is present is not counted for deciding whether there is a quorum. In this section— present means present personally or by electronic means. (sec.52-ssec.1) At a meeting of the committee, a quorum is at least half the number of voting members of the committee. If there are 6 voting members of the committee, a quorum is 3. If there are 7 voting members of the committee, a quorum is 4. (sec.52-ssec.2) For deciding whether there is a quorum, a voting member who is present— is counted as 1; or if the member has the proxy for an absent voting member and the use of proxies for the meeting is not prohibited under section 114 (2) (b) —is counted as 2. (sec.52-ssec.3) A non-voting member who is present is not counted for deciding whether there is a quorum. (sec.52-ssec.4) In this section— present means present personally or by electronic means.
A voting member of the committee may attend and vote at a meeting of the committee— in person; or by proxy if the use of proxies for the meeting is not prohibited under section 114 (2) (b) ; or by any electronic means authorised by a resolution of the committee. email, teleconferencing, videoconferencing For subsection (1) (c) , a resolution of the committee may authorise attendance by electronic means in respect of— a particular meeting or meetings or all meetings; or a particular electronic means or any electronic means. (sec.53-ssec.1) A voting member of the committee may attend and vote at a meeting of the committee— in person; or by proxy if the use of proxies for the meeting is not prohibited under section 114 (2) (b) ; or by any electronic means authorised by a resolution of the committee. email, teleconferencing, videoconferencing (sec.53-ssec.2) For subsection (1) (c) , a resolution of the committee may authorise attendance by electronic means in respect of— a particular meeting or meetings or all meetings; or a particular electronic means or any electronic means.
A non-voting member of the committee may attend a meeting of the committee— in person; or by any electronic means authorised by a resolution of the committee. email, teleconferencing, videoconferencing For subsection (1) (b) , a resolution of the committee may authorise attendance by electronic means in respect of— a particular meeting or meetings or all meetings; or a particular electronic means or any electronic means. A person who is a non-voting member of the committee must not be present for an item of business about a following matter considered at a meeting of the committee if the committee decides the person must not be present for the item— a dispute between the body corporate and— the person; or the owner or occupier of a lot included in the community titles scheme; the person’s engagement as body corporate manager or service contractor; if the person is a caretaking service contractor who is a letting agent for the scheme—the person’s authorisation as a letting agent. Also, the person must not be present for— a discussion of, or a vote taken by, the committee about whether the person may be present for an item of business mentioned in subsection (3) ; or a vote taken by the committee on the item of business. This section does not prevent the committee lawfully excluding the person from the meeting for an item of business not mentioned in subsection (3) . (sec.54-ssec.1) A non-voting member of the committee may attend a meeting of the committee— in person; or by any electronic means authorised by a resolution of the committee. email, teleconferencing, videoconferencing (sec.54-ssec.2) For subsection (1) (b) , a resolution of the committee may authorise attendance by electronic means in respect of— a particular meeting or meetings or all meetings; or a particular electronic means or any electronic means. (sec.54-ssec.3) A person who is a non-voting member of the committee must not be present for an item of business about a following matter considered at a meeting of the committee if the committee decides the person must not be present for the item— a dispute between the body corporate and— the person; or the owner or occupier of a lot included in the community titles scheme; the person’s engagement as body corporate manager or service contractor; if the person is a caretaking service contractor who is a letting agent for the scheme—the person’s authorisation as a letting agent. (sec.54-ssec.4) Also, the person must not be present for— a discussion of, or a vote taken by, the committee about whether the person may be present for an item of business mentioned in subsection (3) ; or a vote taken by the committee on the item of business. (sec.54-ssec.5) This section does not prevent the committee lawfully excluding the person from the meeting for an item of business not mentioned in subsection (3) .
A person who is not a member of the committee may attend a meeting of the committee only if the person is— an owner of a lot, or a representative of an owner of a lot, who complies with subsection (2) ; or another person who is invited to attend by a majority of the voting members of the committee who are present at the meeting. An owner of a lot, or a representative of an owner of a lot, who wishes to attend a meeting of the committee under this section must give the secretary written notice of the owner’s or representative’s intention to attend so that the secretary receives the notice not later than 24 hours before the meeting is to be held. Also, a representative of an owner must, when giving notice, include in the notice the following information— the representative’s residential or business address; the category of person mentioned in section 11 (1) to which the representative belongs; the name of the lot owner whom the representative represents; unless the representative’s name is contained on the roll as the representative of the lot owner—evidence that the lot owner has asked the representative to represent the owner at the meeting. A person who attends a committee meeting under this section may do so— in person; or by any electronic means authorised by a resolution of the committee. email, teleconferencing, videoconferencing For subsection (4) (b) , a resolution of the committee may authorise attendance by electronic means in respect of— a particular meeting or meetings or all meetings; or a particular electronic means or any electronic means. A person who attends a committee meeting under this section must not be present for an item of business about a following matter considered at the meeting if the committee decides that the person must not be present for the item— a breach of the by-laws for the community titles scheme; starting a proceeding, if the decision to start the proceeding is not a decision on a restricted issue for the committee; a proceeding against the body corporate; a dispute between the body corporate and— the owner or occupier of a lot included in the scheme; or a body corporate manager; or a caretaking service contractor. Also, the person must not be present for— a discussion of, or vote taken by, the committee about whether the person may be present for an item of business mentioned in subsection (6) ; or a vote taken by the committee on the item of business. The person may— subject to subsections (6) and (7) , observe the meeting; and speak to the committee only if invited to speak by the committee. An invitation to speak to the committee may be revoked by the committee at any time. The committee may direct the person to leave the meeting if the person does not comply with subsection (8) (b) . The person must comply with a direction given to the person under subsection (10) . (sec.55-ssec.1) A person who is not a member of the committee may attend a meeting of the committee only if the person is— an owner of a lot, or a representative of an owner of a lot, who complies with subsection (2) ; or another person who is invited to attend by a majority of the voting members of the committee who are present at the meeting. (sec.55-ssec.2) An owner of a lot, or a representative of an owner of a lot, who wishes to attend a meeting of the committee under this section must give the secretary written notice of the owner’s or representative’s intention to attend so that the secretary receives the notice not later than 24 hours before the meeting is to be held. (sec.55-ssec.3) Also, a representative of an owner must, when giving notice, include in the notice the following information— the representative’s residential or business address; the category of person mentioned in section 11 (1) to which the representative belongs; the name of the lot owner whom the representative represents; unless the representative’s name is contained on the roll as the representative of the lot owner—evidence that the lot owner has asked the representative to represent the owner at the meeting. (sec.55-ssec.4) A person who attends a committee meeting under this section may do so— in person; or by any electronic means authorised by a resolution of the committee. email, teleconferencing, videoconferencing (sec.55-ssec.5) For subsection (4) (b) , a resolution of the committee may authorise attendance by electronic means in respect of— a particular meeting or meetings or all meetings; or a particular electronic means or any electronic means. (sec.55-ssec.6) A person who attends a committee meeting under this section must not be present for an item of business about a following matter considered at the meeting if the committee decides that the person must not be present for the item— a breach of the by-laws for the community titles scheme; starting a proceeding, if the decision to start the proceeding is not a decision on a restricted issue for the committee; a proceeding against the body corporate; a dispute between the body corporate and— the owner or occupier of a lot included in the scheme; or a body corporate manager; or a caretaking service contractor. (sec.55-ssec.7) Also, the person must not be present for— a discussion of, or vote taken by, the committee about whether the person may be present for an item of business mentioned in subsection (6) ; or a vote taken by the committee on the item of business. (sec.55-ssec.8) The person may— subject to subsections (6) and (7) , observe the meeting; and speak to the committee only if invited to speak by the committee. (sec.55-ssec.9) An invitation to speak to the committee may be revoked by the committee at any time. (sec.55-ssec.10) The committee may direct the person to leave the meeting if the person does not comply with subsection (8) (b) . (sec.55-ssec.11) The person must comply with a direction given to the person under subsection (10) .
This section applies in relation to a voting member of a committee (a debtor member ) if, at the time of a meeting of the committee— the member owes a body corporate debt in relation to a lot owned by the member; or the member is not a lot owner and— the member is nominated to be a voting member of the committee under section 11 (1) (b) or (c) ; and the nominating entity owes a body corporate debt in relation to a lot owned by the entity. A debtor member is ineligible to vote at the meeting in the member’s own right or as a proxy for another voting member. Also, a person who holds the proxy for a debtor member is ineligible to exercise a vote on behalf of the debtor member at a meeting of the committee. Under section 116 , it is an offence for a person to exercise a proxy at a committee meeting knowing that the person does not have the right to exercise it. However, nothing in this section prevents a debtor member from being counted, under section 52 , for deciding whether there is a quorum for a meeting of the committee. (sec.56-ssec.1) This section applies in relation to a voting member of a committee (a debtor member ) if, at the time of a meeting of the committee— the member owes a body corporate debt in relation to a lot owned by the member; or the member is not a lot owner and— the member is nominated to be a voting member of the committee under section 11 (1) (b) or (c) ; and the nominating entity owes a body corporate debt in relation to a lot owned by the entity. (sec.56-ssec.2) A debtor member is ineligible to vote at the meeting in the member’s own right or as a proxy for another voting member. (sec.56-ssec.3) Also, a person who holds the proxy for a debtor member is ineligible to exercise a vote on behalf of the debtor member at a meeting of the committee. Under section 116 , it is an offence for a person to exercise a proxy at a committee meeting knowing that the person does not have the right to exercise it. (sec.56-ssec.4) However, nothing in this section prevents a debtor member from being counted, under section 52 , for deciding whether there is a quorum for a meeting of the committee.
This section states how motions are decided at a meeting of the committee. A motion is decided by a majority of votes of the voting members present and entitled to vote on the motion who are voting. Without limiting subsection (2) , if a quorum is present, a motion decided by a majority of the votes of the voting members present and entitled to vote on the motion is a decision of the committee. Each voting member present and entitled to vote on a motion to be decided has 1 vote on the motion. To avoid any doubt, it is declared that a voting member who is an executive member has only 1 vote, even if the person holds more than 1 of the positions of chairperson, secretary and treasurer. In this section— present means present personally, by proxy or by electronic means. (sec.57-ssec.1) This section states how motions are decided at a meeting of the committee. (sec.57-ssec.2) A motion is decided by a majority of votes of the voting members present and entitled to vote on the motion who are voting. (sec.57-ssec.3) Without limiting subsection (2) , if a quorum is present, a motion decided by a majority of the votes of the voting members present and entitled to vote on the motion is a decision of the committee. (sec.57-ssec.4) Each voting member present and entitled to vote on a motion to be decided has 1 vote on the motion. (sec.57-ssec.5) To avoid any doubt, it is declared that a voting member who is an executive member has only 1 vote, even if the person holds more than 1 of the positions of chairperson, secretary and treasurer. (sec.57-ssec.6) In this section— present means present personally, by proxy or by electronic means.
A member of the committee must disclose to a meeting of the committee the member’s direct or indirect interest in an issue being considered, or about to be considered, by the committee if the interest could conflict with the appropriate performance of the member’s duties about the consideration of the issue. If a member required under subsection (1) to disclose an interest in an issue is a voting member, the member is not entitled to vote on a motion involving the issue. A person who holds the proxy for a member of the committee must disclose to a meeting of the committee the proxy holder’s direct or indirect interest in an issue being considered, or about to be considered, by the committee if the interest could conflict with the appropriate performance of the proxy holder’s duties about the consideration of the issue. A proxy holder required under subsection (3) to disclose an interest in an issue must not vote as the proxy on a motion involving the issue. A person who holds the proxy for a member of the committee must disclose to a meeting of the committee the member’s direct or indirect interest in an issue being considered, or about to be considered, by the committee if the proxy holder is aware that the member, if present, would be required under subsection (1) to disclose the interest. A proxy holder required under subsection (5) to disclose an interest in an issue must not vote as the proxy on a motion involving the issue. (sec.58-ssec.1) A member of the committee must disclose to a meeting of the committee the member’s direct or indirect interest in an issue being considered, or about to be considered, by the committee if the interest could conflict with the appropriate performance of the member’s duties about the consideration of the issue. (sec.58-ssec.2) If a member required under subsection (1) to disclose an interest in an issue is a voting member, the member is not entitled to vote on a motion involving the issue. (sec.58-ssec.3) A person who holds the proxy for a member of the committee must disclose to a meeting of the committee the proxy holder’s direct or indirect interest in an issue being considered, or about to be considered, by the committee if the interest could conflict with the appropriate performance of the proxy holder’s duties about the consideration of the issue. (sec.58-ssec.4) A proxy holder required under subsection (3) to disclose an interest in an issue must not vote as the proxy on a motion involving the issue. (sec.58-ssec.5) A person who holds the proxy for a member of the committee must disclose to a meeting of the committee the member’s direct or indirect interest in an issue being considered, or about to be considered, by the committee if the proxy holder is aware that the member, if present, would be required under subsection (1) to disclose the interest. (sec.58-ssec.6) A proxy holder required under subsection (5) to disclose an interest in an issue must not vote as the proxy on a motion involving the issue.
A voting member of the committee who is a debtor member is ineligible to vote on a motion before the committee, notice of which has been given under section 60 (2) .
A motion may be considered by the committee even though the motion is not decided at a meeting of the committee called and conducted under this part, if notice of the motion is given to all committee members or, in an emergency, to as many members as it is practicable to contact. The notice must be given in writing but, in an emergency, the notice may be given orally or by another appropriate form of communication. Advice of the motion must be given, at the same time notice of the motion is given or, in an emergency, as soon as practicable, to each owner of a lot, other than an owner who— has instructed the secretary that the owner does not wish to be given advice of committee meetings; and has not withdrawn the instruction. The notice and advice of the motion may be given by— the secretary; or another member of the committee who is authorised by a majority of voting members of the committee to give the notice and advice. A motion voted on under this section must be confirmed at the next meeting of the committee held after the motion is voted on. (sec.60-ssec.1) A motion may be considered by the committee even though the motion is not decided at a meeting of the committee called and conducted under this part, if notice of the motion is given to all committee members or, in an emergency, to as many members as it is practicable to contact. (sec.60-ssec.2) The notice must be given in writing but, in an emergency, the notice may be given orally or by another appropriate form of communication. (sec.60-ssec.3) Advice of the motion must be given, at the same time notice of the motion is given or, in an emergency, as soon as practicable, to each owner of a lot, other than an owner who— has instructed the secretary that the owner does not wish to be given advice of committee meetings; and has not withdrawn the instruction. (sec.60-ssec.4) The notice and advice of the motion may be given by— the secretary; or another member of the committee who is authorised by a majority of voting members of the committee to give the notice and advice. (sec.60-ssec.5) A motion voted on under this section must be confirmed at the next meeting of the committee held after the motion is voted on.
Members’ votes on the motion given under section 60 must be— in writing but, in an emergency, may be expressed orally or by another appropriate form of communication; and given within— for a motion that does not relate to a request for approval to keep or bring an animal on a lot or common property—21 days after the notice is given under section 60 (2) (the relevant period ); or for a motion that relates to a request for approval to keep or bring an animal on a lot or common property—21 days after the request was made to the committee (also the relevant period ). The motion is decided if, within the relevant period— the majority of all members of the committee entitled to vote on the motion agree to the motion; or one-half or more of all members of the committee entitled to vote on the motion do not agree to the motion. Also— if the motion is a motion mentioned in subsection (1) (b) (i) —the motion is taken to have not been agreed to if, within the relevant period for the motion, a decision can not be made under subsection (2) ; and if the motion is a motion mentioned in subsection (1) (b) (ii) —the committee is taken to have decided to approve the request if, within the relevant period for the motion, a decision can not be made under subsection (2) . The committee must give the person who made the request written notice stating that the request is decided— if the motion is decided under subsection (2) —as soon as practicable after the decision is made; or if subsection (3) (b) applies—as soon as practicable after the relevant period ends. s 61 amd 2024 SL No. 40 s 6 (sec.61-ssec.1) Members’ votes on the motion given under section 60 must be— in writing but, in an emergency, may be expressed orally or by another appropriate form of communication; and given within— for a motion that does not relate to a request for approval to keep or bring an animal on a lot or common property—21 days after the notice is given under section 60 (2) (the relevant period ); or for a motion that relates to a request for approval to keep or bring an animal on a lot or common property—21 days after the request was made to the committee (also the relevant period ). (sec.61-ssec.2) The motion is decided if, within the relevant period— the majority of all members of the committee entitled to vote on the motion agree to the motion; or one-half or more of all members of the committee entitled to vote on the motion do not agree to the motion. (sec.61-ssec.3) Also— if the motion is a motion mentioned in subsection (1) (b) (i) —the motion is taken to have not been agreed to if, within the relevant period for the motion, a decision can not be made under subsection (2) ; and if the motion is a motion mentioned in subsection (1) (b) (ii) —the committee is taken to have decided to approve the request if, within the relevant period for the motion, a decision can not be made under subsection (2) . (sec.61-ssec.4) The committee must give the person who made the request written notice stating that the request is decided— if the motion is decided under subsection (2) —as soon as practicable after the decision is made; or if subsection (3) (b) applies—as soon as practicable after the relevant period ends.
For the operation of sections 58(1) and (2) and 63(2) to (4), the committee, in dealing with a resolution under this division, is taken to deal with the resolution at a meeting of the committee.
Sourced from Queensland Legislation (legislation.qld.gov.au), CC BY 4.0.
Subject to subsection (2) , there must be a committee for the body corporate for a community titles scheme. There is no committee for the body corporate if the body corporate engages, under part 5 , a body corporate manager to carry out the functions of a committee and each executive member of a committee. (sec.8-ssec.1) Subject to subsection (2) , there must be a committee for the body corporate for a community titles scheme. (sec.8-ssec.2) There is no committee for the body corporate if the body corporate engages, under part 5 , a body corporate manager to carry out the functions of a committee and each executive member of a committee.
The purposes of this chapter are— to provide for the following matters in relation to a committee for the body corporate for a community titles scheme— the composition of the committee; the choosing of members of the committee; the term of office of a member of the committee; the filling of casual vacancies on the committee; the meetings of the committee; and to prescribe issues about which the committee may not make decisions; and to enable the body corporate to engage a body corporate manager to carry out the functions of a committee and each executive member of a committee; and to provide for matters that involve members of the committee that must be authorised by the body corporate.
A committee must consist of the following persons— the persons chosen to be the executive members of the committee; if ordinary members are chosen for the committee—the ordinary members; each person who is a non-voting member of the committee. There must be a chairperson, secretary and treasurer, whether or not there is a body corporate manager who has been authorised by the body corporate under section 119 of the Act to exercise some or all of the powers of an executive member of the committee. A person may hold the positions of chairperson, secretary and treasurer, or any 2 of the positions, in conjunction. The committee, other than a minor committee, must consist of at least 3 voting members and not more than the maximum number of voting members for the committee. (sec.10-ssec.1) A committee must consist of the following persons— the persons chosen to be the executive members of the committee; if ordinary members are chosen for the committee—the ordinary members; each person who is a non-voting member of the committee. (sec.10-ssec.2) There must be a chairperson, secretary and treasurer, whether or not there is a body corporate manager who has been authorised by the body corporate under section 119 of the Act to exercise some or all of the powers of an executive member of the committee. (sec.10-ssec.3) A person may hold the positions of chairperson, secretary and treasurer, or any 2 of the positions, in conjunction. (sec.10-ssec.4) The committee, other than a minor committee, must consist of at least 3 voting members and not more than the maximum number of voting members for the committee.
A person is eligible to be a voting member of the committee if the person is an individual nominated for membership of the committee by a member of the body corporate (the nominating entity ) and is also— a member of the body corporate; or if the nominating entity is an individual— a member of the individual’s family; or a person acting under the authority of a power of attorney given by the individual; or if the nominating entity is a corporation—a person who is a director, secretary or other nominee of the corporation; or if the nominating entity is the body corporate for a subsidiary scheme in a layered arrangement of community titles schemes—a person who is a representative of the subsidiary scheme. However, a person who is otherwise eligible under subsection (1) to be a voting member of the committee is ineligible to be a voting member of the committee if the person is— a body corporate manager, service contractor or letting agent; or an associate of a body corporate manager, service contractor or letting agent, other than an owner of a lot who is the associate of a letting agent merely because the letting agent, in conducting the agent’s letting agent business, acts for the owner; or a person, other than a letting agent for the scheme, who conducts a letting agent business for the scheme; or a member of the body corporate who owes a body corporate debt in relation to a lot or lots owned by the person at the time voting members are chosen; or a person nominated by a member mentioned in paragraph (d) . (sec.11-ssec.1) A person is eligible to be a voting member of the committee if the person is an individual nominated for membership of the committee by a member of the body corporate (the nominating entity ) and is also— a member of the body corporate; or if the nominating entity is an individual— a member of the individual’s family; or a person acting under the authority of a power of attorney given by the individual; or if the nominating entity is a corporation—a person who is a director, secretary or other nominee of the corporation; or if the nominating entity is the body corporate for a subsidiary scheme in a layered arrangement of community titles schemes—a person who is a representative of the subsidiary scheme. (sec.11-ssec.2) However, a person who is otherwise eligible under subsection (1) to be a voting member of the committee is ineligible to be a voting member of the committee if the person is— a body corporate manager, service contractor or letting agent; or an associate of a body corporate manager, service contractor or letting agent, other than an owner of a lot who is the associate of a letting agent merely because the letting agent, in conducting the agent’s letting agent business, acts for the owner; or a person, other than a letting agent for the scheme, who conducts a letting agent business for the scheme; or a member of the body corporate who owes a body corporate debt in relation to a lot or lots owned by the person at the time voting members are chosen; or a person nominated by a member mentioned in paragraph (d) .
Unless otherwise permitted under this regulation, for each lot that is co-owned, only 1 co-owner of the lot can be a voting member of the committee, on the basis of ownership of the lot, at a time. For example, this regulation permits otherwise under sections 30 , 34 and 42 . Also, for each lot that is owned, or co-owned, by an individual, only 1 of the following persons can be a voting member of the committee on the basis of ownership of the lot, at a time— the individual owner of the lot; a member of the individual owner’s family; a person acting under the authority of a power of attorney given to the person by the individual owner of the lot. (sec.12-ssec.1) Unless otherwise permitted under this regulation, for each lot that is co-owned, only 1 co-owner of the lot can be a voting member of the committee, on the basis of ownership of the lot, at a time. For example, this regulation permits otherwise under sections 30 , 34 and 42 . (sec.12-ssec.2) Also, for each lot that is owned, or co-owned, by an individual, only 1 of the following persons can be a voting member of the committee on the basis of ownership of the lot, at a time— the individual owner of the lot; a member of the individual owner’s family; a person acting under the authority of a power of attorney given to the person by the individual owner of the lot.
The following persons are, without further election or appointment, members of the committee— a body corporate manager for the community titles scheme; a caretaking service contractor for the scheme. A person who is a member under this section is— a non-voting member of the committee; and not entitled to vote at a meeting of the committee. Subsection (2) applies even if the person is a member of the body corporate. (sec.13-ssec.1) The following persons are, without further election or appointment, members of the committee— a body corporate manager for the community titles scheme; a caretaking service contractor for the scheme. (sec.13-ssec.2) A person who is a member under this section is— a non-voting member of the committee; and not entitled to vote at a meeting of the committee. (sec.13-ssec.3) Subsection (2) applies even if the person is a member of the body corporate.
The members of the committee must be chosen at each annual general meeting of the body corporate. Also, members of the committee may be chosen other than at an annual general meeting if they are appointed under subdivision 6 or division 3 , subdivision 2 . However, subsection (1) does not apply for an annual general meeting if, on the day the annual general meeting is held, there are— only 2 lots included in the community titles scheme, and the 2 lots are in identical ownership; or only 2 lots included in the scheme, and the 2 lots are in different ownership; or 3 or more lots included in the scheme, and all the lots are in identical ownership; or 3 or more lots included in the scheme, and there are only 2 different owners for all the lots; or 3 or more lots included in the scheme, and there are only 3 different owners for all the lots. If subsection (3) (a) or (c) applies, the committee is a committee of 1 consisting of the individual who is the owner, or the nominee of the owner, of the lots, and the individual holds all the executive positions on the committee. If subsection (3) (b) or (d) applies, the committee consists of 2 individuals who are the owners, or the nominees of the owners, of the lots, and they must decide between themselves which of the executive member positions of the committee each is to hold, and, if they can not agree, the positions of the executive members are jointly held by both of them. If subsection (3) (e) applies, the committee consists of 3 individuals who are the owners, or the nominees of the owners, of the lots, and they must decide between themselves which of the executive member positions of the committee each is to hold, and, if they can not agree, the positions of the executive members are jointly held by each of them. Subsections (4) , (5) and (6) do not apply to the scheme if, at an annual general meeting, the body corporate engages under part 5 a body corporate manager to carry out the functions of a committee and each executive member of a committee. A committee mentioned in subsection (4) , (5) or (6) is a minor committee . (sec.14-ssec.1) The members of the committee must be chosen at each annual general meeting of the body corporate. (sec.14-ssec.2) Also, members of the committee may be chosen other than at an annual general meeting if they are appointed under subdivision 6 or division 3 , subdivision 2 . (sec.14-ssec.3) However, subsection (1) does not apply for an annual general meeting if, on the day the annual general meeting is held, there are— only 2 lots included in the community titles scheme, and the 2 lots are in identical ownership; or only 2 lots included in the scheme, and the 2 lots are in different ownership; or 3 or more lots included in the scheme, and all the lots are in identical ownership; or 3 or more lots included in the scheme, and there are only 2 different owners for all the lots; or 3 or more lots included in the scheme, and there ar
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