ch.3-pt.1
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Queensland regulation
**What this regulation does (mechanics)
Establishes detailed rules for how a body corporate (the owners' corporation for a commercial community titles scheme) organises and runs its committee and general meetings, including: composition and election of committees, meeting notice and agenda requirements, quorum and voting rules, minute-taking and recordkeeping, conflict-of-interest disclosure and proxy use (see ch.3 & ch.4).
Prescribes how members and owners submit motions (including time limits), how committees must decide or defer motions (including special procedures for requests to keep animals), and when a matter is a "restricted issue" the committee cannot decide (secs 17, 22–22B, 22A, 33).
Sets detailed voting procedures for ordinary and secret ballots, including hard-copy and electronic voting, appointment and duties of a returning officer, how votes are counted and recorded, and what information must be given with meeting notices (secs 45–72).
Regulates proxies for committee and general meetings: who can be appointed, form and limits on proxies, and when proxy votes are invalid (secs 79–89).
Regulates engagement, authorisation and termination of body corporate managers, service contractors and letting agents: required contents of contracts/authorisations, maximum terms (3 years for managers; up to 25 years for service contractors/letting agents after renewals limits), secret-ballot requirements for certain approvals, grounds and procedures for termination, and disclosure obligations about related-party suppliers or commissions (secs 91–106, 93–98, 100–102, 104–106, 95–97).
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Direct links to the current provisions in Body Corporate and Community Management (Commercial Module) Regulation 2020.
There must be a committee for the body corporate for a community titles scheme.
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 matters about which the committee may not make decisions; 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, including any executive member who is a non-voting member of the committee; if ordinary members are chosen for the committee—the ordinary members. 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. In this section— maximum number , of voting members for a committee, means— if the community titles scheme includes 7 or more lots and it is a principal scheme in a layered arrangement of community title schemes, and the body corporate decides by ordinary resolution that the number of members of the committee must be greater than 7 but not more than 12—the number decided by the body corporate; or if the community title scheme includes 7 or more lots and paragraph (a) does not apply—7; or if the community titles scheme includes fewer than 7 lots—the number equalling the number of lots. (sec.10-ssec.1) A committee must consist of the following persons— the persons chosen to be the executive members of the committee, including any executive member who is a non-voting member of the committee; if ordinary members are chosen for the committee—the ordinary members. (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. (sec.10-ssec.5) In this section— maximum number , of voting members for a committee, means— if the community titles scheme includes 7 or more lots and it is a principal scheme in a layered arrangement of community title schemes, and the body corporate decides by ordinary resolution that the number of members of the committee must be greater than 7 but not more than 12—the number decided by the body corporate; or if the community title scheme includes 7 or more lots and paragraph (a) does not apply—7; or if the community titles scheme includes fewer than 7 lots—the number equalling the number of lots.
A person is eligible to be a voting member of the committee if the person is an individual and is also— a member of the body corporate; or a person nominated for membership of the committee by a member of the body corporate. 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; or an associate of a body corporate manager; 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 (c) . Despite subsection (2) , a person who under subsection (1) is eligible to be a voting member of the committee, but who is a body corporate manager, is a member of the committee if the person is chosen as the secretary, treasurer, or secretary and treasurer. A member of the body corporate may not nominate a person for membership of the committee if the member owes a body corporate debt when the nomination is received by the secretary. A person who is a member under subsection (3) is a non-voting member of the committee. (sec.11-ssec.1) A person is eligible to be a voting member of the committee if the person is an individual and is also— a member of the body corporate; or a person nominated for membership of the committee by a member of the body corporate. (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; or an associate of a body corporate manager; 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 (c) . (sec.11-ssec.3) Despite subsection (2) , a person who under subsection (1) is eligible to be a voting member of the committee, but who is a body corporate manager, is a member of the committee if the person is chosen as the secretary, treasurer, or secretary and treasurer. (sec.11-ssec.4) A member of the body corporate may not nominate a person for membership of the committee if the member owes a body corporate debt when the nomination is received by the secretary. (sec.11-ssec.5) A person who is a member under subsection (3) is a non-voting member of the committee.
The members of the committee must be chosen at each annual general meeting of the body corporate. 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 (2) (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 (2) (b) or (d) applies, the committee consists of 2 individuals who are the owners, or the nominees of the owners, of lots, and they must decide between themselves which of the executive member positions of the committee each is to hold and, if they can not agree, the positions of the executive members are jointly held by both of them. If subsection (2) (e) applies, the committee consists of 3 individuals who are the owners, or the nominees of the owners, of lots, and they must decide between themselves which of the executive member positions of the committee each is to hold and, if they can not agree, the positions of the executive members are jointly held by each of them. A committee mentioned in subsection (3) , (4) or (5) is a minor committee . (sec.12-ssec.1) The members of the committee must be chosen at each annual general meeting of the body corporate. (sec.12-ssec.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. (sec.12-ssec.3) If subsection (2) (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.12-ssec.4) If subsection (2) (b) or (d) applies, the committee consists of 2 individuals who are the owners, or the nominees of the owners, of lots, and they must decide between themselves which of the executive member positions of the committee each is to hold and, if they can not agree, the positions of the executive members are jointly held by both of them. (sec.12-ssec.5) If subsection (2) (e) applies, the committee consists of 3 individuals who are the owners, or the nominees of the owners, of lots, and they must decide between themselves which of the executive member positions of the committee each is to hold and, if they can not agree, the positions of the executive members are jointly held by each of them. (sec.12-ssec.6) A committee mentioned in subsection (3) , (4) or (5) 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 12 (3) , 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.13-ssec.1) If, on the day the first annual general meeting of the body corporate is held, the committee is formed under section 12 (3) , 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.13-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 election. The election must be conducted in the way decided by the body corporate by special resolution. A way decided by the body corporate under subsection (2) must be fair and reasonable in the circumstances of the scheme. 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 (4) , it is immaterial whether there are 2 or more co-owners of 1 or more of the lots. (sec.14-ssec.1) The members of the committee must be chosen by election. (sec.14-ssec.2) The election must be conducted in the way decided by the body corporate by special resolution. (sec.14-ssec.3) A way decided by the body corporate under subsection (2) must be fair and reasonable in the circumstances of the scheme. (sec.14-ssec.4) The value of any vote able to be cast for a lot included in the community titles scheme for choosing a member of the committee is the same as the value of the vote able to be cast for each other lot included in the scheme. (sec.14-ssec.5) For subsection (4) , it is immaterial whether there are 2 or more co-owners of 1 or more of the lots.
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) . 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 16 . 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 was elected as a voting member and is engaged as a body corporate manager. The committee must, even if the number of its members may have fallen below a quorum— appoint a person who is eligible to be a member of the committee to fill a vacancy in the position of an executive or ordinary member of the committee; or call a general meeting of the body corporate to fill the vacancy. (sec.15-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) . (sec.15-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 16 . (sec.15-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 was elected as a voting member and is engaged as a body corporate manager. (sec.15-ssec.4) The committee must, even if the number of its members may have fallen below a quorum— appoint a person who is eligible to be a member of the committee to fill a vacancy in the position of an executive or ordinary member of the committee; or call a general meeting of the body corporate to fill the vacancy.
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.16-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.16-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.16-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.16-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.16-ssec.5) At the next general meeting mentioned in subsection (4) (a) , the member may be removed from office by ordinary resolution.
A decision is a decision on a restricted issue for the committee if it is a decision— 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 176 . 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. 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.17-ssec.1) A decision is a decision on a restricted issue for the committee if it is a decision— 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 176 . 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. (sec.17-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.
s 17A ins 2020 Act No. 38 s 39 sch 1 exp 30 April 2022 (see s 17A(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 24 . 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.18-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.18-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 24 . (sec.18-ssec.3) The meeting must be held within 21 days after the secretary or chairperson receives the request to call the meeting. (sec.18-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.18-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 a meeting of the committee in favour of, or agree in writing to, the reduced notice period for future committee meetings. 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.19-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.19-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 a meeting of the committee in favour of, or agree in writing to, the reduced notice period for future committee meetings. (sec.19-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.19-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. (sec.20-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.20-ssec.2) After the first meeting of the committee is held, a committee meeting must be held at a place decided by the committee.
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.21-ssec.1) The notice calling a committee meeting must include an agenda stating the substance of issues to be considered at the meeting. (sec.21-ssec.2) However, the committee may also consider other issues raised at the meeting. (sec.21-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.21-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 167 (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; or if the committee considers it requires more time to decide the motion, at any time before the end of the decision period, give the member a written notice stating— that the committee requires more time to decide the motion; and the reason the committee requires more time; and a reasonable period of no more than 6 weeks after the end of the decision period within which the committee is to decide the motion. 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 22 amd 2024 SL No. 40 s 20 (sec.22-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.22-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 167 (2) . (sec.22-ssec.3) Subject to subsections (4) and (6) , for each motion submitted, the committee must do either of the following— as soon as reasonably practicable, and within the 6-week period after the day the motion is submitted (the decision period ), decide the motion; or if the committee considers it requires more time to decide the motion, at any time before the end of the decision period, give the member a written notice stating— that the committee requires more time to decide the motion; and the reason the committee requires more time; and a reasonable period of no more than 6 weeks after the end of the decision period within which the committee is to decide the motion. (sec.22-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.22-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.22-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.22-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 39A 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 22B (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 22A ins 2024 SL No. 40 s 21 (sec.22A-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 39A for when a body corporate must decide a request at a general meeting. (sec.22A-ssec.2) The request must be in writing and given to the secretary or, in the secretary’s absence, the chairperson. (sec.22A-ssec.3) The committee must decide the request— as a motion for consideration by the committee; and within the period prescribed under section 22B (the prescribed period ). (sec.22A-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.22A-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 22B ins 2024 SL No. 40 s 21
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.23-ssec.1) The chairperson must chair all meetings of the committee at which the chairperson is present. (sec.23-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.23-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 of an absent voting member—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.24-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.24-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 of an absent voting member—is counted as 2. (sec.24-ssec.3) A non-voting member who is present is not counted for deciding whether there is a quorum. (sec.24-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; 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.25-ssec.1) A voting member of the committee may attend and vote at a meeting of the committee— in person; or by proxy; or by any electronic means authorised by a resolution of the committee. email, teleconferencing, videoconferencing (sec.25-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. (sec.26-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.26-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.
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 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.27-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.27-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.27-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 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.27-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.27-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.27-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.27-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.27-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.27-ssec.9) An invitation to speak to the committee may be revoked by the committee at any time. (sec.27-ssec.10) The committee may direct the person to leave the meeting if the person does not comply with subsection (8) (b) . (sec.27-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 the 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) ; 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 the meeting. Under section 84 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 24 , for deciding whether there is a quorum for a meeting of the committee. (sec.28-ssec.1) This section applies in relation to a voting member of a committee (a debtor member ) if, at the time of the 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) ; and the nominating entity owes a body corporate debt in relation to a lot owned by the entity. (sec.28-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.28-ssec.3) Also, a person who holds the proxy for a debtor member is ineligible to exercise a vote on behalf of the debtor member at the meeting. Under section 84 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.28-ssec.4) However, nothing in this section prevents a debtor member from being counted, under section 24 , 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.29-ssec.1) This section states how motions are decided at a meeting of the committee. (sec.29-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.29-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.29-ssec.4) Each voting member present and entitled to vote on a motion to be decided has 1 vote on the motion. (sec.29-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.29-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.30-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.30-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.30-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.30-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.30-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.30-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 32 (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 who— has instructed the secretary that the owner wishes to be given advice of committee meetings; and has not withdrawn the instruction. 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.32-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.32-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.32-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 who— has instructed the secretary that the owner wishes to be given advice of committee meetings; and has not withdrawn the instruction. (sec.32-ssec.4) 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 32 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 32 (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 33 amd 2024 SL No. 40 s 22 (sec.33-ssec.1) Members’ votes on the motion given under section 32 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 32 (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.33-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.33-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.33-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 30 (1) and (2) and 35 (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.
The committee must ensure— full and accurate minutes of its meetings are taken; and a full and accurate record of motions is kept. The secretary must give a copy of the minutes of each meeting and a copy of the record of motions for each motion to the following persons— each member of the committee; each owner of a lot who is not a member of the committee. Subsection (2) (b) does not apply to an owner of a lot who— has given the secretary a written notice instructing the secretary that the owner does not wish to be given copies of— the minutes of committee meetings; or the records of motions; and has not withdrawn the instruction. The copy must be given to the person within 21 days after— for a copy of minutes of a meeting—the holding of the meeting; or for a copy of a record of motions— the deciding of the motion; or the day the motion is taken to be not agreed to; or if the committee must not decide the motion because section 22 (6) applies—the day the committee decided the subsection applies. Also, the copy must be given— if the person is a lot owner—as provided under section 165 ; or if the person is not a lot owner—in a way mentioned in section 167 (2) . In this section— details , of an animal, means the following information— the animal’s species; if relevant—the breed of the animal; the animal’s sex; the animal’s name. full and accurate minutes , of a meeting, means minutes that include all of the following information— the date, time and place of the meeting; the names of persons present and details of the capacity in which they attended the meeting; details of proxies tabled; for a motion submitted by a member of the body corporate under section 22 (2) — when the motion was submitted to the secretary; and the name of the member of the body corporate who submitted the motion; and if, under section 22 (6) , the motion was not decided by the committee—the reason why it was not decided; and details of any notice given to the member under section 22 (3) (b) ; for a motion in relation to a request for approval to keep or bring an animal on a lot or common property— the day the request was made to the committee; and if known—the details of the animal the subject of the request; and if the motion was decided under section 22A and approval was given—any conditions imposed by the committee on the approval; for each motion voted on at the meeting— the words of the motion; and the number of votes for and against the motion; details of correspondence, reports, notices or other documents tabled; the time the meeting closed; if another meeting is scheduled—the details of the next meeting; the secretary’s name and contact address. record of motions means a record— of each motion that is— voted on other than at a meeting; or not decided under section 22 (6) ; or taken to be not agreed to under section 22 (7) ; or taken to be agreed to under section 22A (4) or 33 (3) (b) ; and if the motion was submitted by a member of a body corporate under section 22 (2) , that includes— the words of the motion; and the date the notice was submitted to the secretary; and the name of the member who submitted the motion; and if, under section 22 (6) , the motion was not decided by the committee—the reason why it was not decided; and details of any notice given to the member under section 22 (3) (b) ; and for a motion in relation to a request for approval to keep or bring an animal on a lot or common property, that includes— the day the request was made to the committee; and if known—the details of the animal the subject of the request; and if the motion was decided under section 22A and approval was given—any conditions imposed by the committee on the approval; and if notice of the motion is given under section 32 , that includes— the words of the motion; and the date the notice was given; and the names of the committee members to whom the notice was given; and if the motion was voted on, that includes— the names of the committee members who voted on the motion; and the number of votes for and against the motion. s 35 amd 2024 SL No. 40 s 23 (sec.35-ssec.1) The committee must ensure— full and accurate minutes of its meetings are taken; and a full and accurate record of motions is kept. (sec.35-ssec.2) The secretary must give a copy of the minutes of each meeting and a copy of the record of motions for each motion to the following persons— each member of the committee; each owner of a lot who is not a member of the committee. (sec.35-ssec.3) Subsection (2) (b) does not apply to an owner of a lot who— has given the secretary a written notice instructing the secretary that the owner does not wish to be given copies of— the minutes of committee meetings; or the records of motions; and has not withdrawn the instruction. (sec.35-ssec.4) The copy must be given to the person within 21 days after— for a copy of minutes of a meeting—the holding of the meeting; or for a copy of a record of motions— the deciding of the motion; or the day the motion is taken to be not agreed to; or if the committee must not decide the motion because section 22 (6) applies—the day the committee decided the subsection applies. (sec.35-ssec.5) Also, the copy must be given— if the person is a lot owner—as provided under section 165 ; or if the person is not a lot owner—in a way mentioned in section 167 (2) . (sec.35-ssec.6) In this section— details , of an animal, means the following information— the animal’s species; if relevant—the breed of the animal; the animal’s sex; the animal’s name. full and accurate minutes , of a meeting, means minutes that include all of the following information— the date, time and place of the meeting; the names of persons present and details of the capacity in which they attended the meeting; details of proxies tabled; for a motion submitted by a member of the body corporate under section 22 (2) — when the motion was submitted to the secretary; and the name of the member of the body corporate who submitted the motion; and if, under section 22 (6) , the motion was not decided by the committee—the reason why it was not decided; and details of any notice given to the member under section 22 (3) (b) ; for a motion in relation to a request for approval to keep or bring an animal on a lot or common property— the day the request was made to the committee; and if known—the details of the animal the subject of the request; and if the motion was decided under section 22A and approval was given—any conditions imposed by the committee on the approval; for each motion voted on at the meeting— the words of the motion; and the number of votes for and against the motion; details of correspondence, reports, notices or other documents tabled; the time the meeting closed; if another meeting is scheduled—the details of the next meeting; the secretary’s name and contact address. record of motions means a record— of each motion that is— voted on other than at a meeting; or not decided under section 22 (6) ; or taken to be not agreed to under section 22 (7) ; or taken to be agreed to under section 22A (4) or 33 (3) (b) ; and if the motion was submitted by a member of a body corporate under section 22 (2) , that includes— the words of the motion; and the date the notice was submitted to the secretary; and the name of the member who submitted the motion; and if, under section 22 (6) , the motion was not decided by the committee—the reason why it was not decided; and details of any notice given to the member under section 22 (3) (b) ; and for a motion in relation to a request for approval to keep or bring an animal on a lot or common property, that includes— the day the request was made to the committee; and if known—the details of the animal the subject of the request; and if the motion was decided under section 22A and approval was given—any conditions imposed by the committee on the approval; and if notice of the motion is given under section 32 , that includes— the words of the motion; and the date the notice was given; and the names of the committee members to whom the notice was given; and if the motion was voted on, that includes— the names of the committee members who voted on the motion; and the number of votes for and against the motion.
A committee member may only receive a direct or indirect benefit from a caretaking service contractor or service contractor if— for a benefit received from a caretaking service contractor—the benefit is the supply of, or payment for, a letting agent business service conducted by the contractor; or for a benefit received from a service contractor—the benefit is the supply of, or payment for— a service that the body corporate has engaged the contractor to provide; or a service that an owner of a lot has engaged the contractor to provide at market price; or a gardening or maintenance service provided by a service contractor to lot owners otherwise—the body corporate has authorised the member, by ordinary resolution, to receive the benefit.
The purpose of this chapter is to prescribe matters about meetings of the body corporate for a community titles scheme.
All meetings of the body corporate are general meetings. A general meeting is either an annual general meeting or an extraordinary general meeting. (sec.38-ssec.1) All meetings of the body corporate are general meetings. (sec.38-ssec.2) A general meeting is either an annual general meeting or an extraordinary general meeting.
A general meeting may be called by a member of the committee, including a non-voting member of the committee, if the member is authorised by a resolution of the committee to call the particular meeting. A general meeting may also be called by a person authorised or required to call a general meeting by an order of an adjudicator acting under the dispute resolution provisions. This section does not apply to a requested extraordinary general meeting. (sec.39-ssec.1) A general meeting may be called by a member of the committee, including a non-voting member of the committee, if the member is authorised by a resolution of the committee to call the particular meeting. (sec.39-ssec.2) A general meeting may also be called by a person authorised or required to call a general meeting by an order of an adjudicator acting under the dispute resolution provisions. (sec.39-ssec.3) This section does not apply to a requested extraordinary general meeting.
This section applies if— under a by-law a person must make a request to a body corporate for written approval in relation to the keeping or bringing of an animal on a lot or common property; and a decision in relation to the request may be made only at a general meeting of the body corporate. The request must be in writing and given to the secretary or, in the secretary’s absence, the chairperson or, if the committee has not yet been chosen, the original owner. The person to whom the request is made under subsection (2) must within 21 days after the request is made (the relevant period )— by notice given to each owner of a lot, call a general meeting of the body corporate; and include the request as a motion on the general meeting agenda. If the motion is decided at the general meeting, the body corporate must give the person written notice of the decision as soon as practicable after the decision is made. If either of the following occurs, the body corporate is taken to have decided to approve the request (a deemed decision )— a general meeting is not called within the relevant period; a general meeting is called within the relevant period but the body corporate does not decide the request within the period prescribed under section 39B (the prescribed period ). The body corporate must give the person written notice of the deemed decision— if subsection (5) (a) applies, as soon as practicable after the relevant period ends; or if subsection (5) (b) applies, as soon as practicable after the prescribed period ends. Also, the body corporate must include a record of the deemed decision in the minutes of the general meeting held immediately after the request is approved. s 39A ins 2024 SL No. 40 s 24 (sec.39A-ssec.1) This section applies if— under a by-law a person must make a request to a body corporate for written approval in relation to the keeping or bringing of an animal on a lot or common property; and a decision in relation to the request may be made only at a general meeting of the body corporate. (sec.39A-ssec.2) The request must be in writing and given to the secretary or, in the secretary’s absence, the chairperson or, if the committee has not yet been chosen, the original owner. (sec.39A-ssec.3) The person to whom the request is made under subsection (2) must within 21 days after the request is made (the relevant period )— by notice given to each owner of a lot, call a general meeting of the body corporate; and include the request as a motion on the general meeting agenda. (sec.39A-ssec.4) If the motion is decided at the general meeting, the body corporate must give the person written notice of the decision as soon as practicable after the decision is made. (sec.39A-ssec.5) If either of the following occurs, the body corporate is taken to have decided to approve the request (a deemed decision )— a general meeting is not called within the relevant period; a general meeting is called within the relevant period but the body corporate does not decide the request within the period prescribed under section 39B (the prescribed period ). (sec.39A-ssec.6) The body corporate must give the person written notice of the deemed decision— if subsection (5) (a) applies, as soon as practicable after the relevant period ends; or if subsection (5) (b) applies, as soon as practicable after the prescribed period ends. (sec.39A-ssec.7) Also, the body corporate must include a record of the deemed decision in the minutes of the general meeting held immediately after the request is approved.
For section 169B (4) (a) of the Act , for a decision of a body corporate, the prescribed period is within 6 weeks after a notice is given under section 39A (3) (a) . s 39B ins 2024 SL No. 40 s 24
An annual general meeting, other than the first annual general meeting, must be called and held within 3 months after the end of each of the community titles scheme’s financial years. See division 2 for requirements for the first annual general meeting.
Section 111 of the Act applies to a community titles scheme to which this regulation applies.
An extraordinary general meeting (a requested extraordinary general meeting ) of the body corporate must be called if a notice requesting an extraordinary general meeting to consider and decide motions proposed in the notice is— signed by or for the owners of at least 25% of all the lots included in the community titles scheme; and given to the secretary or, in the secretary’s absence, the chairperson or, if the committee has not yet been chosen, the original owner. The secretary may be presumed to be absent if the notice is given to the secretary at the address for service of the body corporate and no reply is received within 7 days. A requested extraordinary general meeting— must be called, within 14 days after the notice is given under subsection (1) , by the person to whom the notice is given; and must be held within 6 weeks after the notice is given. Section 49 provides a general meeting must be held at least 21 days after notice is given to the lot owners. A requested extraordinary general meeting of the body corporate may be called even though the body corporate’s first annual general meeting has not yet been held. (sec.42-ssec.1) An extraordinary general meeting (a requested extraordinary general meeting ) of the body corporate must be called if a notice requesting an extraordinary general meeting to consider and decide motions proposed in the notice is— signed by or for the owners of at least 25% of all the lots included in the community titles scheme; and given to the secretary or, in the secretary’s absence, the chairperson or, if the committee has not yet been chosen, the original owner. (sec.42-ssec.2) The secretary may be presumed to be absent if the notice is given to the secretary at the address for service of the body corporate and no reply is received within 7 days. (sec.42-ssec.3) A requested extraordinary general meeting— must be called, within 14 days after the notice is given under subsection (1) , by the person to whom the notice is given; and must be held within 6 weeks after the notice is given. Section 49 provides a general meeting must be held at least 21 days after notice is given to the lot owners. (sec.42-ssec.4) A requested extraordinary general meeting of the body corporate may be called even though the body corporate’s first annual general meeting has not yet been held.
This section applies if a requested extraordinary general meeting is not called within 14 days after the notice (the original request ) requesting the meeting is given under section 42 (1) . The owners of lots by or for whom the original request was signed may, in writing, request a committee member, other than the committee member to whom the original request was given, to call the meeting. The committee member must call the requested extraordinary general meeting within 14 days after the written request is given to the member. (sec.43-ssec.1) This section applies if a requested extraordinary general meeting is not called within 14 days after the notice (the original request ) requesting the meeting is given under section 42 (1) . (sec.43-ssec.2) The owners of lots by or for whom the original request was signed may, in writing, request a committee member, other than the committee member to whom the original request was given, to call the meeting. (sec.43-ssec.3) The committee member must call the requested extraordinary general meeting within 14 days after the written request is given to the member.
A motion for consideration at a general meeting of the body corporate may be submitted at any time by— a member of the body corporate; or the committee. Subsection (3) only applies in relation to the first annual general meeting of a body corporate. If a motion is submitted by a member of the body corporate before the first annual general meeting, it must be included on the general meeting agenda if it is practicable to include the motion. Subsections (5) to (8) apply in relation to all other general meetings of a body corporate. If a motion is submitted, including by a member of the body corporate in response to an invitation under subsection (8) , it must, subject to subsections (6) and (7) , be included on the next general meeting agenda on which it is practicable to include the motion. A motion submitted by a member of the body corporate may be included on the agenda for an annual general meeting only if the secretary receives the motion before the end of the body corporate’s financial year immediately preceding the meeting. However, a motion of a following type must not be included on the agenda for a general meeting if the motion’s inclusion would result in the body corporate considering a motion of that type more than once in a financial year for the body corporate— a motion proposing that the remuneration paid to a particular service contractor be changed; a motion proposing that the engagement of a person as a service contractor, or the authorisation of a person as a letting agent, be amended if, as a result of the amendment, the engagement or authorisation would include a right or option of extension or renewal. If a notice is forwarded to members of the body corporate inviting nominations for committee member positions to be filled at an annual general meeting of the body corporate, the members must also be invited to submit motions for inclusion on the agenda for the meeting. (sec.44-ssec.1) A motion for consideration at a general meeting of the body corporate may be submitted at any time by— a member of the body corporate; or the committee. (sec.44-ssec.2) Subsection (3) only applies in relation to the first annual general meeting of a body corporate. (sec.44-ssec.3) If a motion is submitted by a member of the body corporate before the first annual general meeting, it must be included on the general meeting agenda if it is practicable to include the motion. (sec.44-ssec.4) Subsections (5) to (8) apply in relation to all other general meetings of a body corporate. (sec.44-ssec.5) If a motion is submitted, including by a member of the body corporate in response to an invitation under subsection (8) , it must, subject to subsections (6) and (7) , be included on the next general meeting agenda on which it is practicable to include the motion. (sec.44-ssec.6) A motion submitted by a member of the body corporate may be included on the agenda for an annual general meeting only if the secretary receives the motion before the end of the body corporate’s financial year immediately preceding the meeting. (sec.44-ssec.7) However, a motion of a following type must not be included on the agenda for a general meeting if the motion’s inclusion would result in the body corporate considering a motion of that type more than once in a financial year for the body corporate— a motion proposing that the remuneration paid to a particular service contractor be changed; a motion proposing that the engagement of a person as a service contractor, or the authorisation of a person as a letting agent, be amended if, as a result of the amendment, the engagement or authorisation would include a right or option of extension or renewal. (sec.44-ssec.8) If a notice is forwarded to members of the body corporate inviting nominations for committee member positions to be filled at an annual general meeting of the body corporate, the members must also be invited to submit motions for inclusion on the agenda for the meeting.
Written notice of a general meeting must be given to the owner of each lot included in the community titles scheme. The notice must state the time and place of the proposed general meeting. The notice of a proposed general meeting must— contain an agenda for the meeting; and be accompanied by— a proxy form; and if the notice is given to the corporate owner of a lot—a form under which the owner may advise the body corporate of the corporate owner nominee; and be accompanied by a voting paper for all open motions to be decided at the meeting; and for a motion to be decided by secret ballot— for a hard copy vote—include the following things— a secret voting paper under section 46 ; an envelope marked ‘secret voting paper’; either a separate particulars envelope or a particulars tab forming part of the secret voting paper envelope that a person may detach without unsealing or otherwise opening the envelope; and for an electronic vote—include instructions mentioned in section 46 (5) (g) ; and be accompanied by explanatory material required under section 48 ; and contain or be accompanied by any other document as required under the Act or this regulation. See, for example, the documents required under sections 110 , 122 , 123 , 143 and 176. However, if all of the lots have identical ownership, no notice of a general meeting need be given. (sec.45-ssec.1) Written notice of a general meeting must be given to the owner of each lot included in the community titles scheme. (sec.45-ssec.2) The notice must state the time and place of the proposed general meeting. (sec.45-ssec.3) The notice of a proposed general meeting must— contain an agenda for the meeting; and be accompanied by— a proxy form; and if the notice is given to the corporate owner of a lot—a form under which the owner may advise the body corporate of the corporate owner nominee; and be accompanied by a voting paper for all open motions to be decided at the meeting; and for a motion to be decided by secret ballot— for a hard copy vote—include the following things— a secret voting paper under section 46 ; an envelope marked ‘secret voting paper’; either a separate particulars envelope or a particulars tab forming part of the secret voting paper envelope that a person may detach without unsealing or otherwise opening the envelope; and for an electronic vote—include instructions mentioned in section 46 (5) (g) ; and be accompanied by explanatory material required under section 48 ; and contain or be accompanied by any other document as required under the Act or this regulation. See, for example, the documents required under sections 110 , 122 , 123 , 143 and 176. (sec.45-ssec.4) However, if all of the lots have identical ownership, no notice of a general meeting need be given.
The secretary must prepare 1 hard copy voting paper and, if applicable, an electronic form of the voting paper for all open motions to be decided at a general meeting. Also, the secretary must prepare a hard copy voting paper, and, if applicable, an electronic form of the voting paper (each a secret voting paper ) for a motion to be decided at the meeting by secret ballot. If 2 or more motions are to be decided at the meeting by secret ballot, they may, but need not, appear on 1 secret voting paper. However, if 2 or more motions that are part of a group of same-issue motions are to be decided at the meeting by secret ballot, they must appear on 1 secret voting paper. A voting paper must— state each motion in accordance with subsection (6) ; and state for each motion whether a resolution without dissent, special resolution, majority resolution or ordinary resolution is required; and for a secret voting paper—be marked with the words ‘secret voting paper’; and if the voting paper is accompanied by an explanatory schedule including an explanatory note for a motion—state that an explanatory note for the motion is included in the explanatory schedule; and if the voting paper is for a hard copy vote—provide for a person, who is a voter for the general meeting, to cast a hard copy vote on each motion to be considered at the meeting; and if the body corporate has by ordinary resolution decided that voters for general meetings may cast votes electronically for open motions—be accompanied by instructions on how a person who is a voter for the general meeting may cast an electronic vote on each open motion to be decided at the meeting; and if the body corporate has by ordinary resolution decided that voters for general meetings may cast votes electronically for motions to be decided by secret ballot—be accompanied by instructions on how a person who is a voter for the general meeting may cast an electronic vote on each motion to be decided by secret ballot at the meeting. Subject to subsection (7) , the voting paper must, for each motion, state— the motion in the form in which it was submitted without amendment; and if the motion is not submitted by the committee—the name and, if applicable, the lot number of the person submitting the motion; and if the motion is submitted by the committee—that the motion is submitted by the committee and whether the motion is a statutory motion. A voting paper that includes a group of same-issue motions must also list the motions that are part of the group— under the title of the group of same-issue motions as shown on the agenda for the meeting; and in the following order— motions requiring a resolution without dissent; motions requiring a special resolution; motions requiring a majority resolution; motions requiring an ordinary resolution. To remove any doubt, it is declared that if a group of same-issue motions includes open motions and motions to be decided by secret ballot— the voting paper for the open motions lists only the open motions; and the secret voting paper lists only the motions to be decided by secret ballot. (sec.46-ssec.1) The secretary must prepare 1 hard copy voting paper and, if applicable, an electronic form of the voting paper for all open motions to be decided at a general meeting. (sec.46-ssec.2) Also, the secretary must prepare a hard copy voting paper, and, if applicable, an electronic form of the voting paper (each a secret voting paper ) for a motion to be decided at the meeting by secret ballot. (sec.46-ssec.3) If 2 or more motions are to be decided at the meeting by secret ballot, they may, but need not, appear on 1 secret voting paper. (sec.46-ssec.4) However, if 2 or more motions that are part of a group of same-issue motions are to be decided at the meeting by secret ballot, they must appear on 1 secret voting paper. (sec.46-ssec.5) A voting paper must— state each motion in accordance with subsection (6) ; and state for each motion whether a resolution without dissent, special resolution, majority resolution or ordinary resolution is required; and for a secret voting paper—be marked with the words ‘secret voting paper’; and if the voting paper is accompanied by an explanatory schedule including an explanatory note for a motion—state that an explanatory note for the motion is included in the explanatory schedule; and if the voting paper is for a hard copy vote—provide for a person, who is a voter for the general meeting, to cast a hard copy vote on each motion to be considered at the meeting; and if the body corporate has by ordinary resolution decided that voters for general meetings may cast votes electronically for open motions—be accompanied by instructions on how a person who is a voter for the general meeting may cast an electronic vote on each open motion to be decided at the meeting; and if the body corporate has by ordinary resolution decided that voters for general meetings may cast votes electronically for motions to be decided by secret ballot—be accompanied by instructions on how a person who is a voter for the general meeting may cast an electronic vote on each motion to be decided by secret ballot at the meeting. (sec.46-ssec.6) Subject to subsection (7) , the voting paper must, for each motion, state— the motion in the form in which it was submitted without amendment; and if the motion is not submitted by the committee—the name and, if applicable, the lot number of the person submitting the motion; and if the motion is submitted by the committee—that the motion is submitted by the committee and whether the motion is a statutory motion. (sec.46-ssec.7) A voting paper that includes a group of same-issue motions must also list the motions that are part of the group— under the title of the group of same-issue motions as shown on the agenda for the meeting; and in the following order— motions requiring a resolution without dissent; motions requiring a special resolution; motions requiring a majority resolution; motions requiring an ordinary resolution. (sec.46-ssec.8) To remove any doubt, it is declared that if a group of same-issue motions includes open motions and motions to be decided by secret ballot— the voting paper for the open motions lists only the open motions; and the secret voting paper lists only the motions to be decided by secret ballot.
This section applies if 2 or more motions (the original motions ) proposing alternative ways of dealing with the same issue are submitted, under section 44 , for consideration at a general meeting of the body corporate. The secretary of the body corporate receives motions from 3 owners of lots proposing the engagement of a person as a body corporate manager and each motion proposes a different person. The committee must list the original motions as a group of motions dealing with the same issue (a group of same-issue motions ) on the voting paper for the general meeting. See also section 46 . A person who is a voter for the general meeting may do any or all of the following in relation to the original motions that are part of a group of same-issue motions— vote in favour of 1 or more of the motions; vote against 1 or more of the motions; abstain from voting on 1 or more of the motions. An original motion that receives the required number of votes to pass the motion qualifies (a qualifying motion ) to be a decision of the body corporate. If there is only 1 qualifying motion, the qualifying motion is the body corporate’s decision for the group of same-issue motions. If there is more than 1 qualifying motion, the qualifying motion that receives the highest number of votes in favour of the motion is the body corporate’s decision for the group of same-issue motions. Suppose that 3 original motions proposing borrowing are submitted for consideration at a general meeting for a scheme with 20 lots. The motions listed as original motions are as follows— Original motion A which proposes borrowing an amount that must be authorised by special resolution; Original motion B which proposes borrowing a different amount that must be authorised by special resolution; Original motion C which proposes borrowing a different amount that may be authorised by ordinary resolution. Original motion A receives 15 votes in favour of, and 2 votes against, the motion and would pass as a special resolution. Original motion B receives 13 votes in favour of, and 3 votes against, the motion and would also pass as a special resolution. Original motion C receives 6 votes in favour of, and no votes against, the motion and would pass as an ordinary resolution. Therefore, each original motion is a qualifying motion of the group of same-issue motions. As original motion A is the qualifying motion that receives the highest number of votes in favour of the motion, it is the decision of the body corporate, under subsection (6) , for the group of same-issue motions. However, if there are 2 or more qualifying motions that each receive an equal highest number of votes in favour of the motion, the qualifying motion that receives the fewest votes against the motion is the body corporate’s decision for the group of same-issue motions. If there is more than 1 qualifying motion and the qualifying motions each receive an equal highest number of votes in favour of the motion and an equal number of votes against the motion, the qualifying motion that is the body corporate’s decision must be decided by chance in the way the meeting decides. Other than for an original motion that is part of a group of same-issue motions, if more than 1 motion about the same issue is listed on the agenda, or stated in a voting paper, for the meeting all motions about the issue are void. (sec.47-ssec.1) This section applies if 2 or more motions (the original motions ) proposing alternative ways of dealing with the same issue are submitted, under section 44 , for consideration at a general meeting of the body corporate. The secretary of the body corporate receives motions from 3 owners of lots proposing the engagement of a person as a body corporate manager and each motion proposes a different person. (sec.47-ssec.2) The committee must list the original motions as a group of motions dealing with the same issue (a group of same-issue motions ) on the voting paper for the general meeting. See also section 46 . (sec.47-ssec.3) A person who is a voter for the general meeting may do any or all of the following in relation to the original motions that are part of a group of same-issue motions— vote in favour of 1 or more of the motions; vote against 1 or more of the motions; abstain from voting on 1 or more of the motions. (sec.47-ssec.4) An original motion that receives the required number of votes to pass the motion qualifies (a qualifying motion ) to be a decision of the body corporate. (sec.47-ssec.5) If there is only 1 qualifying motion, the qualifying motion is the body corporate’s decision for the group of same-issue motions. (sec.47-ssec.6) If there is more than 1 qualifying motion, the qualifying motion that receives the highest number of votes in favour of the motion is the body corporate’s decision for the group of same-issue motions. Suppose that 3 original motions proposing borrowing are submitted for consideration at a general meeting for a scheme with 20 lots. The motions listed as original motions are as follows— Original motion A which proposes borrowing an amount that must be authorised by special resolution; Original motion B which proposes borrowing a different amount that must be authorised by special resolution; Original motion C which proposes borrowing a different amount that may be authorised by ordinary resolution. Original motion A receives 15 votes in favour of, and 2 votes against, the motion and would pass as a special resolution. Original motion B receives 13 votes in favour of, and 3 votes against, the motion and would also pass as a special resolution. Original motion C receives 6 votes in favour of, and no votes against, the motion and would pass as an ordinary resolution. Therefore, each original motion is a qualifying motion of the group of same-issue motions. As original motion A is the qualifying motion that receives the highest number of votes in favour of the motion, it is the decision of the body corporate, under subsection (6) , for the group of same-issue motions. (sec.47-ssec.7) However, if there are 2 or more qualifying motions that each receive an equal highest number of votes in favour of the motion, the qualifying motion that receives the fewest votes against the motion is the body corporate’s decision for the group of same-issue motions. (sec.47-ssec.8) If there is more than 1 qualifying motion and the qualifying motions each receive an equal highest number of votes in favour of the motion and an equal number of votes against the motion, the qualifying motion that is the body corporate’s decision must be decided by chance in the way the meeting decides. (sec.47-ssec.9) Other than for an original motion that is part of a group of same-issue motions, if more than 1 motion about the same issue is listed on the agenda, or stated in a voting paper, for the meeting all motions about the issue are void.
Sourced from Queensland Legislation (legislation.qld.gov.au), CC BY 4.0.
There must be a committee for the body corporate for a community titles scheme.
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 matters about which the committee may not make decisions; 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, including any executive member who is a non-voting member of the committee; if ordinary members are chosen for the committee—the ordinary members. 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. In this section— maximum number , of voting members for a committee, means— if the community titles scheme includes 7 or more lots and it is a principal scheme in a layered arrangement of community title schemes, and the body corporate decides by ordinary resolution that the number of members of the committee must be greater than 7 but not more than 12—the number decided by the body corporate; or if the community title scheme includes 7 or more lots and paragraph (a) does not apply—7; or if the community titles scheme includes fewer than 7 lots—the number equalling the number of lots. (sec.10-ssec.1) A committee must consist of the following persons— the persons chosen to be the executive members of the committee, including any executive member who is a non-voting member of the committee; if ordinary members are chosen for the committee—the ordinary members. (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. (sec.10-ssec.5) In this section— maximum number , of voting members for a committee, means— if the community titles scheme includes 7 or more lots and it is a principal scheme in a layered arrangement of community title schemes, and the body corporate decides by ordinary resolution that the number of members of the committee must be greater than 7 but not more than 12—the number decided by the body corporate; or if the community title scheme includes 7 or more lots and paragraph (a) does not apply—7; or if the community titles scheme includes fewer than 7 lots—the number equalling the number of lots.
Prescribes financial management: required budgets (administrative and sinking funds), promotion funds, levying contributions (including interim and special levies), discounts and penalty interest for late payment, recovery actions, investment and accounting rules, borrowing caps, audit and valuation requirements, and how funds are applied (secs 110–123, 117–121, 147–149).
Specifies duties about common property and body corporate assets: maintenance obligations, who must maintain which parts (owners v body corporate), rules for exclusive-use allocations, leasing, selling or mortgaging common property, easements, occupation authorities for contractors/letting agents and registers to record those arrangements (secs 127, 131–132, 107–108, 139–175).
Lays out insurance obligations: what must be insured (common property, buildings, public risk), coverage standards (full replacement value, reinstatement), periodic valuations (every 5 years), allocation of premiums among lot owners and handling of excesses and insurance proceeds (secs 142–156, 143, 144–151, 147).
Requires a range of registers and ongoing recordkeeping (roll of lots, asset register, engagement register, minutes and records retention rules), sets modest fees for record inspection and body corporate certificates, and provides transitional rules from the previous regulation (secs 170–181, 177–179, ch.10).
Who it affects
Why it matters (stated purposes and practical effects)
The regulation operationalises how collective decisions are made in commercial strata schemes: it replaces many discretionary or vague practices with prescribed processes for elections, meetings, voting (including secret ballots), contracting and finances (see ch.3, ch.4, ch.6–7).
It increases transparency and formalises safeguards around conflicts, related‑party dealings and procurement of major services (disclosure obligations (secs 104–106), secret-ballot rules for appointing letting agents or caretaking contractors (secs 91, 121)).
It imposes compliance and administrative costs: stricter recordkeeping, detailed agenda and voting-material requirements (secs 45–48, 35, 177), mandatory valuations and insurance standards (secs 147, 144–146), periodic reconciliations and audit procedures (secs 120, 122–124). These create recurring operating work and potential supplier costs.
Costs, incentives and trade-offs (concrete mechanisms)
Who pays: owners collectively fund administration, insurance and sinking-fund levies (secs 110, 112, 117, 144). Owners making improvements that raise insurance risk must notify and may bear insurance increases (secs 148–149).
Who decides: most operational decisions are allocated to the committee; restricted issues and major engagements (managers, caretakers, letting agents, leases of common property) require general-meeting authorisation with stronger safeguards (secret ballot, no proxies for some motions) (secs 17, 91, 131, 46–47, 66–69, 86, 88).
Limits on contract freedom and lock-in: terms for body corporate managers capped at 3 years (sec 95); longer terms allowed for service contractors/letting agents up to 25 years but with strict amendment/renewal controls (secs 96–97). Those limits reduce long-term lock-in risk but also affect economies of scale or discounted long-term service pricing.
Concentrated benefits, diffuse costs: contractors or letting agents benefit where the regulation allows occupation authorities (exclusive use) or long-term authorisations (secs 107, 131). Costs (levies, admin) are spread across all owners.
Rent‑seeking and capture risk are constrained by disclosure and secret-ballot requirements for appointments and renewals (secs 91, 104–106, 143). The regulation reduces unilateral committee or manager control over key supplier choices by requiring wider owner approval and material disclosure.
Implementation and compliance risks: electronic voting systems must reject ineligible votes and preserve secrecy (secs 64, 69). Bodies corporates must appoint impartial returning officers and maintain security of ballot materials (secs 67–70). Smaller schemes face proportionally higher administration burdens (many procedural steps do not scale down easily).
Trade‑offs and opportunity costs
More prescriptive process improves transparency and contestability (owners get information to evaluate managers, contractors and insurers) but increases legal/administrative cost and can slow decision-making (e.g. secret ballots, notice periods, required reconcilations) (secs 45–46, 64, 120).
Caps on manager terms limit continuity but lower risk of multi‑year undesirable contracts; long permitted contractor/letting‑agent terms (up to 25 years) can support long-term infrastructure contracts but require extra safeguards (secs 95–97).
Practical behavioural effects
Implementation burden and enforcement
Primary references in the regulation: committee and meetings (chs 3–4), proxies (ch.5), engagements/authorisations (ch.6), budgets & funds (ch.7), property/insurance/registers (ch.8–9), transitional matters (ch.10).
A person is eligible to be a voting member of the committee if the person is an individual and is also— a member of the body corporate; or a person nominated for membership of the committee by a member of the body corporate. 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; or an associate of a body corporate manager; 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 (c) . Despite subsection (2) , a person who under subsection (1) is eligible to be a voting member of the committee, but who is a body corporate manager, is a member of the committee if the person is chosen as the secretary, treasurer, or secretary and treasurer. A member of the body corporate may not nominate a person for membership of the committee if the member owes a body corporate debt when the nomination is received by the secretary. A person who is a member under subsection (3) is a non-voting member of the committee. (sec.11-ssec.1) A person is eligible to be a voting member of the committee if the person is an individual and is also— a member of the body corporate; or a person nominated for membership of the committee by a member of the body corporate. (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; or an associate of a body corporate manager; 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 (c) . (sec.11-ssec.3) Despite subsection (2) , a person who under subsection (1) is eligible to be a voting member of the committee, but who is a body corporate manager, is a member of the committee if the person is chosen as the secretary, treasurer, or secretary and treasurer. (sec.11-ssec.4) A member of the body corporate may not nominate a person for membership of the committee if the member owes a body corporate debt when the nomination is received by the secretary. (sec.11-ssec.5) A person who is a member under subsection (3) is a non-voting member of the committee.
The members of the committee must be chosen at each annual general meeting of the body corporate. 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 (2) (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 (2) (b) or (d) applies, the committee consists of 2 individuals who are the owners, or the nominees of the owners, of lots, and they must decide between themselves which of the executive member positions of the committee each is to hold and, if they can not agree, the positions of the executive members are jointly held by both of them. If subsection (2) (e) applies, the committee consists of 3 individuals who are the owners, or the nominees of the owners, of lots, and they must decide between themselves which of the executive member positions of the committee each is to hold and, if they can not agree, the positions of the executive members are jointly held by each of them. A committee mentioned in subsection (3) , (4) or (5) is a minor committee . (sec.12-ssec.1) The members of the committee must be chosen at each annual general meeting of the body corporate. (sec.12-ssec.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. (sec.12-ssec.3) If subsection (2) (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.12-ssec.4) If subsection (2) (b) or (d) applies, the committee consists of 2 individuals who are the owners, or the nominees of the owners, of lots, and they must decide between themselves which of the executive member positions of the committee each is to hold and, if they can not agree, the positions of the executive members are jointly held by both of them. (sec.12-ssec.5) If subsection (2) (e) applies, the committee consists of 3 individuals who are the owners, or the nominees of the owners, of lots, and they must decide between themselves which of the executive member positions of the committee each is to hold and, if they can not agree, the positions of the executive members are jointly held by each of them. (sec.12-ssec.6) A committee mentioned in subsection (3) , (4) or (5) 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 12 (3) , 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.13-ssec.1) If, on the day the first annual general meeting of the body corporate is held, the committee is formed under section 12 (3) , 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.13-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 election. The election must be conducted in the way decided by the body corporate by special resolution. A way decided by the body corporate under subsection (2) must be fair and reasonable in the circumstances of the scheme. 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 (4) , it is immaterial whether there are 2 or more co-owners of 1 or more of the lots. (sec.14-ssec.1) The members of the committee must be chosen by election. (sec.14-ssec.2) The election must be conducted in the way decided by the body corporate by special resolution. (sec.14-ssec.3) A way decided by the body corporate under subsection (2) must be fair and reasonable in the circumstances of the scheme. (sec.14-ssec.4) The value of any vote able to be cast for a lot included in the community titles scheme for choosing a member of the committee is the same as the value of the vote able to be cast for each other lot included in the scheme. (sec.14-ssec.5) For subsection (4) , it is immaterial whether there are 2 or more co-owners of 1 or more of the lots.
The term of office of a member of the comm
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