ch.3-pt.1
//
© 2026 Zoe. All rights reserved.
Zoe is a legal information platform. Always consult the Federal Register of Legislation for authoritative text.
Queensland regulation
**What this regulation does (mechanics first)
Sets who runs a "small schemes" body corporate and how decisions are made. The committee is made up only of the person(s) chosen as secretary and treasurer (they may be one person) (secs 8, 10–15). If the body corporate engages a body corporate manager to carry out committee, secretary and treasurer functions, there is no committee while that engagement operates (secs 8, 24–27).
Describes which decisions the committee cannot make ("restricted issues") and which require higher levels of member approval (e.g. fixing levies, changing owners' rights, starting most legal proceedings) (sec 17).
Prescribes how committee and general meetings are run: how motions are submitted and decided, timelines for decisions, voting rules, quorum rules, minutes and disclosure of records (secs 18–23, 31–57). It also creates rules for "groups of same‑issue motions" so alternate proposals on the same subject are voted together (secs 38–39).
Explains proxies, their form and use (secs 60–63), and who is a "voter" at meetings (sec 49).
Requires two annual budgets (administrative and sinking funds), sets rules for levying contributions, discounts for prompt payment, penalties for late payment, recovery of debts and borrowing limits (secs 79–86, 81–85, 90).
Regulates engagement, term and duties of body corporate managers and service contractors (short mandatory maximum terms, required written engagement content, reports to members, termination grounds and remedial notices) (chs 6 and 3, secs 24–28, 66–76, 68–71, 72–74).
Want the full deep dive?
Zoe can write the in-depth analysis on top of the summary above: how it works, who it affects and what each part actually does.
Direct links to the current provisions in Body Corporate and Community Management (Small Schemes Module) Regulation 2020.
Subject to subsection (2) , there must be a committee for the body corporate for a community titles scheme. There is no committee for the body corporate if the body corporate engages, under part 5 , a body corporate manager to carry out the functions of a committee and the secretary and treasurer. (sec.8-ssec.1) Subject to subsection (2) , there must be a committee for the body corporate for a community titles scheme. (sec.8-ssec.2) There is no committee for the body corporate if the body corporate engages, under part 5 , a body corporate manager to carry out the functions of a committee and the secretary and treasurer.
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 the secretary and treasurer; the term of office of the secretary and treasurer; the filling of casual vacancies on the committee; the meetings of the committee; and to prescribe issues about which the committee may not make decisions; and to enable the body corporate to engage a body corporate manager to carry out the functions of a committee, the secretary and the treasurer; and to provide for matters that involve members of the committee that must be authorised by the body corporate.
A committee consists only of the person or persons chosen to be the secretary and treasurer of the body corporate. A person may hold the positions of secretary and treasurer in conjunction. There must be a secretary and a 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 the secretary or treasurer. A person who is a member of the committee is a voting member of the committee. (sec.10-ssec.1) A committee consists only of the person or persons chosen to be the secretary and treasurer of the body corporate. (sec.10-ssec.2) A person may hold the positions of secretary and treasurer in conjunction. (sec.10-ssec.3) There must be a secretary and a 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 the secretary or treasurer. (sec.10-ssec.4) A person who is a member of the committee is a voting member of the committee.
A person is eligible to be the secretary or treasurer if the person is an individual and is also— a member of the body corporate; or See also section 31 (Membership of body corporate for community titles scheme) of the Act . a person nominated to be the secretary or treasurer by a member of the body corporate. However, a person who is otherwise eligible under subsection (1) to be the secretary or treasurer is ineligible to be the secretary or treasurer if the person is— a body corporate manager or service contractor; or an associate of a body corporate manager or service contractor; or a person who is a member of the body corporate who owes a body corporate debt in relation to a lot owned by the person at the time voting members are chosen; or a person nominated by a member mentioned in paragraph (c) . A member of the body corporate may not nominate a person to be the secretary or treasurer if the member owes a body corporate debt when the nomination is received by the secretary. For each lot that is co-owned, only 1 co-owner of a lot can be a member of the committee, on the basis of ownership of the lot, at a time. (sec.11-ssec.1) A person is eligible to be the secretary or treasurer if the person is an individual and is also— a member of the body corporate; or See also section 31 (Membership of body corporate for community titles scheme) of the Act . a person nominated to be the secretary or treasurer by a member of the body corporate. (sec.11-ssec.2) However, a person who is otherwise eligible under subsection (1) to be the secretary or treasurer is ineligible to be the secretary or treasurer if the person is— a body corporate manager or service contractor; or an associate of a body corporate manager or service contractor; or a person who is a member of the body corporate who owes a body corporate debt in relation to a lot 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) A member of the body corporate may not nominate a person to be the secretary or treasurer if the member owes a body corporate debt when the nomination is received by the secretary. (sec.11-ssec.4) For each lot that is co-owned, only 1 co-owner of a lot can be a member of the committee, on the basis of ownership of the lot, at a time.
The secretary and treasurer 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. 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 the positions of both secretary and treasurer. If subsection (2) (b) or (d) applies— the committee consists of 2 individuals who are the owners, or the nominees of the owners, of the lots, and they must decide between themselves which of the positions of secretary and treasurer each is to hold and, if they can not agree, each of the positions of secretary and treasurer are jointly held by both of them; or the committee consists of 1 of the 2 individuals mentioned in paragraph (a) , chosen by agreement between the 2 individuals. If there is a vacancy in the position of secretary or treasurer, the choosing of an individual to fill the vacant position may only happen at an extraordinary general meeting of the body corporate. Subsections (3) and (4) do not apply to the scheme if, at an annual general meeting, the body corporate engages under part 5 a body corporate manager to carry out the functions of a committee, secretary and treasurer. (sec.12-ssec.1) The secretary and treasurer 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. (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 the positions of both secretary and treasurer. (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 the lots, and they must decide between themselves which of the positions of secretary and treasurer each is to hold and, if they can not agree, each of the positions of secretary and treasurer are jointly held by both of them; or the committee consists of 1 of the 2 individuals mentioned in paragraph (a) , chosen by agreement between the 2 individuals. (sec.12-ssec.5) If there is a vacancy in the position of secretary or treasurer, the choosing of an individual to fill the vacant position may only happen at an extraordinary general meeting of the body corporate. (sec.12-ssec.6) Subsections (3) and (4) do not apply to the scheme if, at an annual general meeting, the body corporate engages under part 5 a body corporate manager to carry out the functions of a committee, secretary and treasurer.
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 an 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 an extraordinary general meeting as if it were the next annual general meeting after the first annual general meeting.
The secretary and treasurer must be chosen by election. The election must be conducted— to the extent that meeting rules apply—in the way the meeting rules provide; and to the extent that meeting rules do not apply—in the way decided by the body corporate by special resolution. However, despite subsection (1) — the value of any vote able to be cast for a lot included in the community titles scheme for choosing the secretary or treasurer is the same as the value of the vote able to be cast for each other lot included in the scheme; and nominations for secretary and treasurer may be made orally at the general meeting dealing with the choosing, or in writing given to the secretary before the meeting. For subsection (3) (a) , it is immaterial whether there are 2 or more co-owners of 1 or more of the lots. A way decided by the body corporate under subsection (2) (b) must be fair and reasonable in the circumstances of the scheme. (sec.14-ssec.1) The secretary and treasurer must be chosen by election. (sec.14-ssec.2) The election must be conducted— to the extent that meeting rules apply—in the way the meeting rules provide; and to the extent that meeting rules do not apply—in the way decided by the body corporate by special resolution. (sec.14-ssec.3) However, despite subsection (1) — the value of any vote able to be cast for a lot included in the community titles scheme for choosing the secretary or treasurer is the same as the value of the vote able to be cast for each other lot included in the scheme; and nominations for secretary and treasurer may be made orally at the general meeting dealing with the choosing, or in writing given to the secretary before the meeting. (sec.14-ssec.4) For subsection (3) (a) , it is immaterial whether there are 2 or more co-owners of 1 or more of the lots. (sec.14-ssec.5) A way decided by the body corporate under subsection (2) (b) must be fair and reasonable in the circumstances of the scheme.
The term of office of a person who is the secretary or treasurer continues until— another person is chosen for the position; or the member’s position becomes vacant under subsection (2) ; or the member’s term of office ends under subsection (5) . The position of secretary or treasurer becomes vacant if the person who is the secretary or treasurer— dies; or becomes ineligible to hold the position; or resigns by written notice given to— the other member of the committee; or if the person holds the positions of secretary and treasurer—a member of the body corporate; 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 person may become ineligible to hold the position of secretary or treasurer, a person is ineligible to hold the position of secretary or treasurer if the person— was a member of the body corporate at the time the person 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 person was elected and was nominated for membership by a member of the body corporate who is no longer a member of the body corporate; or is engaged as a body corporate manager or service contractor. If there is a vacancy in the position of secretary or treasurer, the body corporate must, as soon as practicable after the position becomes vacant, elect a person to the vacant position. The term of office of a member of the committee for the body corporate ends if the body corporate engages a body corporate manager under part 5 . (sec.15-ssec.1) The term of office of a person who is the secretary or treasurer continues until— another person is chosen for the position; or the member’s position becomes vacant under subsection (2) ; or the member’s term of office ends under subsection (5) . (sec.15-ssec.2) The position of secretary or treasurer becomes vacant if the person who is the secretary or treasurer— dies; or becomes ineligible to hold the position; or resigns by written notice given to— the other member of the committee; or if the person holds the positions of secretary and treasurer—a member of the body corporate; 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 person may become ineligible to hold the position of secretary or treasurer, a person is ineligible to hold the position of secretary or treasurer if the person— was a member of the body corporate at the time the person 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 person was elected and was nominated for membership by a member of the body corporate who is no longer a member of the body corporate; or is engaged as a body corporate manager or service contractor. (sec.15-ssec.4) If there is a vacancy in the position of secretary or treasurer, the body corporate must, as soon as practicable after the position becomes vacant, elect a person to the vacant position. (sec.15-ssec.5) The term of office of a member of the committee for the body corporate ends if the body corporate engages a body corporate manager under part 5 .
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— fixing or changing a contribution to be levied by the body corporate; or changing rights, privileges or obligations of the owners of lots included in the community titles scheme; or on an issue reserved, by ordinary resolution of the body corporate, for decision by ordinary resolution of the body corporate; or Issues reserved, by ordinary resolution of the body corporate, for decision by ordinary resolution of the body corporate, must be recorded in a register—see section 145 . that may only be made by resolution without dissent, special resolution or ordinary resolution of the body corporate; or to start a proceeding, other than— a proceeding to recover a liquidated debt against the owner of a lot; or a counterclaim, third-party proceeding or other proceeding in relation to a proceeding to which the body corporate is already a party; or a proceeding for an offence under chapter 3 , part 5 , division 4 of the Act ; or a prescribed chapter 6 proceeding; or to pay remuneration, allowances or expenses to the secretary or treasurer, unless the decision— is made under the authority of an ordinary resolution of the body corporate; or is for the reimbursement of expenses of not more than $50. 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— fixing or changing a contribution to be levied by the body corporate; or changing rights, privileges or obligations of the owners of lots included in the community titles scheme; or on an issue reserved, by ordinary resolution of the body corporate, for decision by ordinary resolution of the body corporate; or Issues reserved, by ordinary resolution of the body corporate, for decision by ordinary resolution of the body corporate, must be recorded in a register—see section 145 . that may only be made by resolution without dissent, special resolution or ordinary resolution of the body corporate; or to start a proceeding, other than— a proceeding to recover a liquidated debt against the owner of a lot; or a counterclaim, third-party proceeding or other proceeding in relation to a proceeding to which the body corporate is already a party; or a proceeding for an offence under chapter 3 , part 5 , division 4 of the Act ; or a prescribed chapter 6 proceeding; or to pay remuneration, allowances or expenses to the secretary or treasurer, unless the decision— is made under the authority of an ordinary resolution of the body corporate; or is for the reimbursement of expenses of not more than $50. (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))
Committee meetings are called and held in the way, and at the times and places, decided by the committee.
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 138 (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 19 amd 2024 SL No. 40 s 36 (sec.19-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.19-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 138 (2) . (sec.19-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.19-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.19-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.19-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.19-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 32A 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 treasurer. The committee must decide the request— as a motion for consideration by the committee; and within the period prescribed under section 19B (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 19A ins 2024 SL No. 40 s 37 (sec.19A-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 32A for when a body corporate must decide a request at a general meeting. (sec.19A-ssec.2) The request must be in writing and given to the secretary or, in the secretary’s absence, the treasurer. (sec.19A-ssec.3) The committee must decide the request— as a motion for consideration by the committee; and within the period prescribed under section 19B (the prescribed period ). (sec.19A-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.19A-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 19B ins 2024 SL No. 40 s 37
A voting member of a committee is ineligible to vote at a meeting of the committee if, at the time of the meeting— the member owes a body corporate debt in relation to a lot owned by the member; or for a voting member nominated for membership of the committee by a member of the body corporate (the nominating member ) under section 11 (1) (b) —the nominating member owes a body corporate debt in relation to a lot owned by that member.
At a meeting of the committee, a motion is decided by— if the positions of secretary and treasurer are held by 1 person—the person; or if the positions of secretary and treasurer are held by 2 persons—the 2 persons acting in agreement about how the motion is to be decided. However, subsection (3) applies if— the positions of secretary and treasurer are held by 2 persons; and only 1 of those persons (the relevant office holder )— is ineligible to vote under section 20 ; or is not authorised to make a decision under section 22 . The other person may decide the motion without the agreement of the relevant office holder. (sec.21-ssec.1) At a meeting of the committee, a motion is decided by— if the positions of secretary and treasurer are held by 1 person—the person; or if the positions of secretary and treasurer are held by 2 persons—the 2 persons acting in agreement about how the motion is to be decided. (sec.21-ssec.2) However, subsection (3) applies if— the positions of secretary and treasurer are held by 2 persons; and only 1 of those persons (the relevant office holder )— is ineligible to vote under section 20 ; or is not authorised to make a decision under section 22 . (sec.21-ssec.3) The other person may decide the motion without the agreement of the relevant office holder.
An office holder must not, without the specific authorisation of the body corporate, make a decision on an issue if— the issue concerns the office holder’s duties as an office holder; and the office holder has a direct or indirect interest in the issue; and the interest could conflict with the appropriate performance of the office holder’s duties about the consideration of the issue. In this section— office holder means a person who is the secretary, treasurer, or secretary and treasurer. (sec.22-ssec.1) An office holder must not, without the specific authorisation of the body corporate, make a decision on an issue if— the issue concerns the office holder’s duties as an office holder; and the office holder has a direct or indirect interest in the issue; and the interest could conflict with the appropriate performance of the office holder’s duties about the consideration of the issue. (sec.22-ssec.2) In this section— office holder means a person who is the secretary, treasurer, or secretary and treasurer.
The committee must ensure— full and accurate minutes of its meetings are taken; and a full and accurate record of motions that are taken to be not agreed to under section 19 (7) or taken to be agreed to under section 19A (4) 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— if the positions of secretary and treasurer are held by 2 persons—the treasurer; and each owner of a lot who is not a member of the committee. 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 day a motion is taken to be not agreed to; and either— if the person is a lot owner—as provided under section 137 ; or if the person is not a lot owner—in a way mentioned in section 138 (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; the words of each motion decided; for a motion submitted by a member of the body corporate under section 19 (2) — when the motion was submitted to the secretary; and the name of the member of the body corporate who submitted the motion; if, under section 19 (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 19 (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 19A and approval was given—any conditions imposed by the committee on the approval; details of correspondence, reports, notices or other documents tabled; the secretary’s name and contact address. record of motions means— a record of each motion taken to be not agreed to under section 19 (7) that includes the following information— the words of the motion; the date the notice was submitted to the secretary; the name of the member who submitted the motion; and if the motion is taken to be agreed to under section 19A (4) , a record of each motion that includes the following information— the day the request was made to the committee; if known—the details of the animal the subject of the request. s 23 amd 2024 SL No. 40 s 38 (sec.23-ssec.1) The committee must ensure— full and accurate minutes of its meetings are taken; and a full and accurate record of motions that are taken to be not agreed to under section 19 (7) or taken to be agreed to under section 19A (4) is kept. (sec.23-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— if the positions of secretary and treasurer are held by 2 persons—the treasurer; and each owner of a lot who is not a member of the committee. (sec.23-ssec.3) 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 day a motion is taken to be not agreed to; and either— if the person is a lot owner—as provided under section 137 ; or if the person is not a lot owner—in a way mentioned in section 138 (2) . (sec.23-ssec.4) 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; the words of each motion decided; for a motion submitted by a member of the body corporate under section 19 (2) — when the motion was submitted to the secretary; and the name of the member of the body corporate who submitted the motion; if, under section 19 (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 19 (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 19A and approval was given—any conditions imposed by the committee on the approval; details of correspondence, reports, notices or other documents tabled; the secretary’s name and contact address. record of motions means— a record of each motion taken to be not agreed to under section 19 (7) that includes the following information— the words of the motion; the date the notice was submitted to the secretary; the name of the member who submitted the motion; and if the motion is taken to be agreed to under section 19A (4) , a record of each motion that includes the following information— the day the request was made to the committee; if known—the details of the animal the subject of the request.
The body corporate may— engage a body corporate manager to carry out the functions that would, if there were a committee for the body corporate, be carried out by the committee, secretary and treasurer; and agree to an amendment of the engagement. Under section 8 , there is no committee for the body corporate if the body corporate engages a body corporate manager under this part to carry out the functions of a committee and the secretary and treasurer. See also section 120 of the Act . The body corporate may act under subsection (1) only if— the original owner control period has ended; and the body corporate passes a special resolution approving the engagement or amendment; and the material given to members of the body corporate for the general meeting that considers the motion includes— for an engagement—the terms of the engagement and an explanatory note in the approved form explaining the nature of the engagement; or for an agreement to amend an engagement—the terms, and an explanation of the effect, of the amendment. The engagement may be in addition to an existing engagement of the person as a body corporate manager other than under this part. To the extent the existing engagement is inconsistent with the engagement under this part, the existing engagement is of no effect. The engagement of a body corporate manager under this part is void if it does not comply with this section and section 25. An agreement to amend the engagement of a body corporate manager under this part is void if it does not comply with this section. (sec.24-ssec.1) The body corporate may— engage a body corporate manager to carry out the functions that would, if there were a committee for the body corporate, be carried out by the committee, secretary and treasurer; and agree to an amendment of the engagement. Under section 8 , there is no committee for the body corporate if the body corporate engages a body corporate manager under this part to carry out the functions of a committee and the secretary and treasurer. See also section 120 of the Act . (sec.24-ssec.2) The body corporate may act under subsection (1) only if— the original owner control period has ended; and the body corporate passes a special resolution approving the engagement or amendment; and the material given to members of the body corporate for the general meeting that considers the motion includes— for an engagement—the terms of the engagement and an explanatory note in the approved form explaining the nature of the engagement; or for an agreement to amend an engagement—the terms, and an explanation of the effect, of the amendment. (sec.24-ssec.3) The engagement may be in addition to an existing engagement of the person as a body corporate manager other than under this part. (sec.24-ssec.4) To the extent the existing engagement is inconsistent with the engagement under this part, the existing engagement is of no effect. (sec.24-ssec.5) The engagement of a body corporate manager under this part is void if it does not comply with this section and section 25. (sec.24-ssec.6) An agreement to amend the engagement of a body corporate manager under this part is void if it does not comply with this section.
The engagement of a body corporate manager under this part must— be in writing; and state that the body corporate manager is required to carry out all the functions of the committee, the secretary and treasurer; and state that the body corporate manager is authorised to exercise the powers of the committee, the secretary and treasurer; and state the basis for working out payment for the body corporate manager’s services. The engagement must not be in the form of a by-law. (sec.25-ssec.1) The engagement of a body corporate manager under this part must— be in writing; and state that the body corporate manager is required to carry out all the functions of the committee, the secretary and treasurer; and state that the body corporate manager is authorised to exercise the powers of the committee, the secretary and treasurer; and state the basis for working out payment for the body corporate manager’s services. (sec.25-ssec.2) The engagement must not be in the form of a by-law.
Subject to subsection (2) , the term of a person’s engagement as a body corporate manager under this part ends on the earlier of the following events— at the end of the body corporate’s next annual general meeting held after the general meeting at which the engagement was approved; or 12 months after the day the engagement began. However, the body corporate may terminate the person’s engagement under chapter 6 , part 4 . Under section 120 (4) of the Act , the body corporate, in writing, may revoke the body corporate manager’s authorisation to exercise powers at any time. During the term of the engagement, the body corporate may not choose or purport to choose a person as the secretary or treasurer. (sec.26-ssec.1) Subject to subsection (2) , the term of a person’s engagement as a body corporate manager under this part ends on the earlier of the following events— at the end of the body corporate’s next annual general meeting held after the general meeting at which the engagement was approved; or 12 months after the day the engagement began. (sec.26-ssec.2) However, the body corporate may terminate the person’s engagement under chapter 6 , part 4 . Under section 120 (4) of the Act , the body corporate, in writing, may revoke the body corporate manager’s authorisation to exercise powers at any time. (sec.26-ssec.3) During the term of the engagement, the body corporate may not choose or purport to choose a person as the secretary or treasurer.
A body corporate manager engaged under this part has— the functions of a committee, the secretary and treasurer; and subject to any revocation under section 120 (4) of the Act , the powers of a committee, the secretary and treasurer.
A body corporate manager engaged under this part must give to each member of the body corporate a written report about the administration of the community titles scheme. The report must include details of each of the following items— repairs and maintenance to the common property and body corporate assets proposed to be carried out in the 3 months following the date of the report; any matters— known to the body corporate manager about the condition of the common property or the body corporate assets; and that the body corporate manager reasonably considers to be relevant to future performance of the body corporate’s duty to maintain common property and body corporate assets; See sections 99 and 107 . the balance, on the date of the report, of the administrative fund and sinking fund and a reconciliation statement for each fund; the body corporate’s expenses, including repair and maintenance costs, for the 3 months immediately preceding the date of the report. For subsection (2) (d) , the report must state, for each expense— the payee; and the amount; and the date the expense was incurred; and the reason the expense was incurred. The report must also include, as briefly as possible, a list of decisions made by the body corporate manager under the engagement. The report must be given within 21 days after the end of each 3 months for which the person is engaged as a body corporate manager under this part. Also, if asked by at least one-half of the members of the body corporate, the body corporate manager must give all the members of the body corporate a report containing the details mentioned in subsections (2) to (4) . A request under subsection (6) — must be in writing; and must not be made more than once every 3 months. The body corporate manager must give the report to the members within 21 days after receiving the request. (sec.28-ssec.1) A body corporate manager engaged under this part must give to each member of the body corporate a written report about the administration of the community titles scheme. (sec.28-ssec.2) The report must include details of each of the following items— repairs and maintenance to the common property and body corporate assets proposed to be carried out in the 3 months following the date of the report; any matters— known to the body corporate manager about the condition of the common property or the body corporate assets; and that the body corporate manager reasonably considers to be relevant to future performance of the body corporate’s duty to maintain common property and body corporate assets; See sections 99 and 107 . the balance, on the date of the report, of the administrative fund and sinking fund and a reconciliation statement for each fund; the body corporate’s expenses, including repair and maintenance costs, for the 3 months immediately preceding the date of the report. (sec.28-ssec.3) For subsection (2) (d) , the report must state, for each expense— the payee; and the amount; and the date the expense was incurred; and the reason the expense was incurred. (sec.28-ssec.4) The report must also include, as briefly as possible, a list of decisions made by the body corporate manager under the engagement. (sec.28-ssec.5) The report must be given within 21 days after the end of each 3 months for which the person is engaged as a body corporate manager under this part. (sec.28-ssec.6) Also, if asked by at least one-half of the members of the body corporate, the body corporate manager must give all the members of the body corporate a report containing the details mentioned in subsections (2) to (4) . (sec.28-ssec.7) A request under subsection (6) — must be in writing; and must not be made more than once every 3 months. (sec.28-ssec.8) The body corporate manager must give the report to the members within 21 days after receiving the request.
A committee member may only receive a direct or indirect benefit from a service contractor if— the benefit is the supply of— 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.31-ssec.1) All meetings of the body corporate are general meetings. (sec.31-ssec.2) A general meeting is either an annual general meeting or an extraordinary general meeting.
A general meeting may be called by— if the positions of secretary and treasurer are held by 1 person—the person; or if the positions of secretary and treasurer are held by 2 persons—the secretary or treasurer, if 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.32-ssec.1) A general meeting may be called by— if the positions of secretary and treasurer are held by 1 person—the person; or if the positions of secretary and treasurer are held by 2 persons—the secretary or treasurer, if authorised by a resolution of the committee to call the particular meeting. (sec.32-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.32-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 treasurer 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 32B (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 32A ins 2024 SL No. 40 s 39 (sec.32A-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.32A-ssec.2) The request must be in writing and given to the secretary or, in the secretary’s absence, the treasurer or, if the committee has not yet been chosen, the original owner. (sec.32A-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.32A-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.32A-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 32B (the prescribed period ). (sec.32A-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.32A-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 32A (3) (a) . s 32B ins 2024 SL No. 40 s 39
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.
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— if the positions of secretary and treasurer are held by 2 persons—the treasurer; 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 40 provides that, unless the body corporate decides otherwise, 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.34-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— if the positions of secretary and treasurer are held by 2 persons—the treasurer; or if the committee has not yet been chosen—the original owner. (sec.34-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.34-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 40 provides that, unless the body corporate decides otherwise, a general meeting must be held at least 21 days after notice is given to the lot owners. (sec.34-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 34 (1) . An owner of a lot by or for whom the original request was signed, or another owner of a lot who agrees to call the meeting, may call the meeting. (sec.35-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 34 (1) . (sec.35-ssec.2) An owner of a lot by or for whom the original request was signed, or another owner of a lot who agrees to call the meeting, may call the meeting.
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. 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. If a motion is submitted, it must be included on the next general meeting agenda on which it is practicable to include the motion. (sec.36-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.36-ssec.2) 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.36-ssec.3) If a motion is submitted, it must be included on the next general meeting agenda on which it is practicable to include the motion.
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 if there is a group of same-issue motions on the agenda—a voting paper and explanatory schedule for the group of same-issue motions; and See also sections 38 and 39 . contain or be accompanied by any other document as required under the Act or this regulation. See, for example, the documents required under sections 79 , 92 , 94 , 95 , 115 and 145 . However, if all of the lots have identical ownership, no notice of a general meeting need be given. (sec.37-ssec.1) Written notice of a general meeting must be given to the owner of each lot included in the community titles scheme. (sec.37-ssec.2) The notice must state the time and place of the proposed general meeting. (sec.37-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 if there is a group of same-issue motions on the agenda—a voting paper and explanatory schedule for the group of same-issue motions; and See also sections 38 and 39 . contain or be accompanied by any other document as required under the Act or this regulation. See, for example, the documents required under sections 79 , 92 , 94 , 95 , 115 and 145 . (sec.37-ssec.4) However, if all of the lots have identical ownership, no notice of a general meeting need be given.
This section applies if 2 or more motions (the original motions ) proposing alternative ways of dealing with the same issue are submitted, under section 36 , 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 a voting paper for the general meeting. A voting paper for a group of same-issue motions must also— set out 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 list the motions that are part of that group in the following order— motions requiring a resolution without dissent; motions requiring a special resolution; motions requiring an ordinary resolution. 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 improvements to the common property are submitted for consideration at a general meeting for a scheme with 6 lots. The motions listed as original motions are as follows— Original motion A which proposes improvements that would cost an amount that must be authorised by special resolution; Original motion B which proposes improvements that would cost an amount that must be authorised by special resolution; Original motion C which proposes improvements that would cost an amount that may be authorised by ordinary resolution. Original motion A receives 5 votes in favour of, and 1 vote against, the motion and would pass as a special resolution. Original motion B receives 4 votes in favour of, and 1 vote against, the motion and would also pass as a special resolution. Original motion C receives 3 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 (7) , 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.38-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 36 , 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.38-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 a voting paper for the general meeting. (sec.38-ssec.3) A voting paper for a group of same-issue motions must also— set out 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 list the motions that are part of that group in the following order— motions requiring a resolution without dissent; motions requiring a special resolution; motions requiring an ordinary resolution. (sec.38-ssec.4) 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.38-ssec.5) 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.38-ssec.6) If there is only 1 qualifying motion, the qualifying motion is the body corporate’s decision for the group of same-issue motions. (sec.38-ssec.7) If there is more than 1 qualifying motion, the qualifying motion that receives the highest number of votes in favour of the motion is the body corporate’s decision for the group of same-issue motions. Suppose that 3 original motions proposing improvements to the common property are submitted for consideration at a general meeting for a scheme with 6 lots. The motions listed as original motions are as follows— Original motion A which proposes improvements that would cost an amount that must be authorised by special resolution; Original motion B which proposes improvements that would cost an amount that must be authorised by special resolution; Original motion C which proposes improvements that would cost an amount that may be authorised by ordinary resolution. Original motion A receives 5 votes in favour of, and 1 vote against, the motion and would pass as a special resolution. Original motion B receives 4 votes in favour of, and 1 vote against, the motion and would also pass as a special resolution. Original motion C receives 3 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 (7) , for the group of same-issue motions. (sec.38-ssec.8) 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.38-ssec.9) 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.38-ssec.10) 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.
A voting paper for a group of same-issue motions must be accompanied by an explanatory schedule. The explanatory schedule must include all of the following information— the title of the group as shown on the agenda for the meeting; a list of each original motion that is part of the group; an explanatory note stating that— voters may vote on each of the original motions that are part of the group; and votes are counted for all original motions that are part of the group before the body corporate’s decision is determined; and if a motion is a qualifying motion, the motion qualifies to be a decision of the body corporate; and an original motion can not be amended at the general meeting; and if no original motion receives sufficient votes to pass according to the type of resolution required for the motion, the decision of the body corporate is that none of the original motions are passed. ‘To vote on this group of same-issue motions, you may either vote in favour of, against, or abstain from voting on, each original motion in the group of same-issue motions. You may vote on more than 1 original motion. Votes on each original motion in the group of same-issue motions will be counted in the order the original motions are listed in the agenda. When votes for all original motions have been counted, the original motion that receives the sufficient number of votes to pass according to the type of resolution required for the motion, and that also receives the highest number of votes in favour, is the decision of the body corporate about the group of same-issue motions. Only 1 original motion can be passed as the decision of the body corporate about the group of same-issue motions. If no original motion receives the sufficient number of votes to pass according to the resolution required for the motion, the decision of the body corporate about the group of same-issue motions is that no original motion is passed. Original motions in the group of same-issue motions can not be amended at the meeting.’. (sec.39-ssec.1) A voting paper for a group of same-issue motions must be accompanied by an explanatory schedule. (sec.39-ssec.2) The explanatory schedule must include all of the following information— the title of the group as shown on the agenda for the meeting; a list of each original motion that is part of the group; an explanatory note stating that— voters may vote on each of the original motions that are part of the group; and votes are counted for all original motions that are part of the group before the body corporate’s decision is determined; and if a motion is a qualifying motion, the motion qualifies to be a decision of the body corporate; and an original motion can not be amended at the general meeting; and if no original motion receives sufficient votes to pass according to the type of resolution required for the motion, the decision of the body corporate is that none of the original motions are passed. ‘To vote on this group of same-issue motions, you may either vote in favour of, against, or abstain from voting on, each original motion in the group of same-issue motions. You may vote on more than 1 original motion. Votes on each original motion in the group of same-issue motions will be counted in the order the original motions are listed in the agenda. When votes for all original motions have been counted, the original motion that receives the sufficient number of votes to pass according to the type of resolution required for the motion, and that also receives the highest number of votes in favour, is the decision of the body corporate about the group of same-issue motions. Only 1 original motion can be passed as the decision of the body corporate about the group of same-issue motions. If no original motion receives the sufficient number of votes to pass according to the resolution required for the motion, the decision of the body corporate about the group of same-issue motions is that no original motion is passed. Original motions in the group of same-issue motions can not be amended at the meeting.’.
Unless the body corporate decides otherwise, a general meeting must be held at least 21 days after notice of the meeting is given to owners of lots. Section 34 provides for the timing of a requested extraordinary general meeting. A decision made by the body corporate under subsection (1) must be fair and reasonable in the circumstances of the community titles scheme. (sec.40-ssec.1) Unless the body corporate decides otherwise, a general meeting must be held at least 21 days after notice of the meeting is given to owners of lots. Section 34 provides for the timing of a requested extraordinary general meeting. (sec.40-ssec.2) A decision made by the body corporate under subsection (1) must be fair and reasonable in the circumstances of the community titles scheme.
The secretary must prepare an agenda for each general meeting. The agenda must— state the following motions— motions submitted by the committee for consideration at the meeting; if the general meeting is a requested extraordinary general meeting—the motions proposed in the notice asking for the meeting; a motion submitted under section 36 by a member of the body corporate and required to be included on the agenda; if an adjudicator makes an order under the dispute resolution provisions authorising or requiring the calling of the general meeting to consider motions stated in the order—the motions stated in the order; if there has been a previous general meeting—a motion to confirm the minutes of the last meeting; and state, for each motion stated on the agenda, whether a resolution without dissent, special resolution or ordinary resolution is required; and if the meeting is the first annual general meeting for the community titles scheme—include the business required to be considered at the first annual general meeting; and if there is a group of same-issue motions on the agenda, include— the title of the group of same-issue motions; and An agenda sets out a list of motions that are all about refurbishment of a common property swimming pool under a title ‘Motions about pool refurbishment’. a list of the motions that are part of the group in the following order— motions requiring a resolution without dissent; motions requiring a special resolution; motions requiring an ordinary resolution. state for each motion— if the motion is not submitted by the committee—the name and, if applicable, the lot number of the person submitting the motion; or if the motion is submitted by the committee—that the motion is submitted by the committee and whether the motion is a statutory motion. If the meeting is an annual general meeting, other than the first annual general meeting, the agenda must also include— the substance of each statutory motion to be considered at the meeting; and anything else required, under the Act , to be included on the agenda for the meeting. In this section— statutory motion , for an annual general meeting, means a motion about a following matter— presenting the body corporate’s accounts for the financial year; adopting administrative fund and sinking fund budgets for the financial year; fixing contributions to be paid by the owners of lots for the next financial year; reviewing each insurance policy held by the body corporate. (sec.41-ssec.1) The secretary must prepare an agenda for each general meeting. (sec.41-ssec.2) The agenda must— state the following motions— motions submitted by the committee for consideration at the meeting; if the general meeting is a requested extraordinary general meeting—the motions proposed in the notice asking for the meeting; a motion submitted under section 36 by a member of the body corporate and required to be included on the agenda; if an adjudicator makes an order under the dispute resolution provisions authorising or requiring the calling of the general meeting to consider motions stated in the order—the motions stated in the order; if there has been a previous general meeting—a motion to confirm the minutes of the last meeting; and state, for each motion stated on the agenda, whether a resolution without dissent, special resolution or ordinary resolution is required; and if the meeting is the first annual general meeting for the community titles scheme—include the business required to be considered at the first annual general meeting; and if there is a group of same-issue motions on the agenda, include— the title of the group of same-issue motions; and An agenda sets out a list of motions that are all about refurbishment of a common property swimming pool under a title ‘Motions about pool refurbishment’. a list of the motions that are part of the group in the following order— motions requiring a resolution without dissent; motions requiring a special resolution; motions requiring an ordinary resolution. state for each motion— if the motion is not submitted by the committee—the name and, if applicable, the lot number of the person submitting the motion; or 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.41-ssec.3) If the meeting is an annual general meeting, other than the first annual general meeting, the agenda must also include— the substance of each statutory motion to be considered at the meeting; and anything else required, under the Act , to be included on the agenda for the meeting. (sec.41-ssec.4) In this section— statutory motion , for an annual general meeting, means a motion about a following matter— presenting the body corporate’s accounts for the financial year; adopting administrative fund and sinking fund budgets for the financial year; fixing contributions to be paid by the owners of lots for the next financial year; reviewing each insurance policy held by the body corporate.
The original owner must call and hold the first annual general meeting of the body corporate as required by this section. Maximum penalty—150 penalty units. The meeting must be called for and held within 2 months after the first of the following to happen— more than 50% of the lots included in the community titles scheme are no longer in the ownership of the original owner; 6 months elapse after the establishment of the scheme. The agenda for the meeting must include the following items of business— adopting or reviewing budgets, and fixing of the contributions to be levied against the owners of lots, for the body corporate’s first financial year; reviewing the policies of insurance taken out for the body corporate and, if appropriate, changing the insurance; choosing the secretary and treasurer; deciding what issues are reserved for decision by ordinary resolution; See section 17 (1) (c) . deciding whether the by-laws should be amended or repealed; any motion submitted by a member of the body corporate before the first annual general meeting if it is practicable to include the motion; if the meeting is called on the order of an adjudicator under the dispute resolution provisions—deciding issues the adjudicator orders to be placed on the agenda for the meeting. If the original owner does not call and hold the first annual general meeting as required by this section, the order of an adjudicator under the dispute resolution provisions may include an order appointing a person to call the first annual general meeting within a stated time. The original owner is not relieved of liability for not calling and holding the first annual general meeting because the meeting has been called and held under the order of an adjudicator. To avoid any doubt, it is declared that an 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. Subject to section 43 (4) , this section does not apply to the body corporate of a community titles scheme to which section 43 applies. s 42 amd 2024 SL No. 40 s 40 (sec.42-ssec.1) The original owner must call and hold the first annual general meeting of the body corporate as required by this section. Maximum penalty—150 penalty units. (sec.42-ssec.2) The meeting must be called for and held within 2 months after the first of the following to happen— more than 50% of the lots included in the community titles scheme are no longer in the ownership of the original owner; 6 months elapse after the establishment of the scheme. (sec.42-ssec.3) The agenda for the meeting must include the following items of business— adopting or reviewing budgets, and fixing of the contributions to be levied against the owners of lots, for the body corporate’s first financial year; reviewing the policies of insurance taken out for the body corporate and, if appropriate, changing the insurance; choosing the secretary and treasurer; deciding what issues are reserved for decision by ordinary resolution; See section 17 (1) (c) . deciding whether the by-laws should be amended or repealed; any motion submitted by a member of the body corporate before the first annual general meeting if it is practicable to include the motion; if the meeting is called on the order of an adjudicator under the dispute resolution provisions—deciding issues the adjudicator orders to be placed on the agenda for the meeting. (sec.42-ssec.4) If the original owner does not call and hold the first annual general meeting as required by this section, the order of an adjudicator under the dispute resolution provisions may include an order appointing a person to call the first annual general meeting within a stated time. (sec.42-ssec.5) The original owner is not relieved of liability for not calling and holding the first annual general meeting because the meeting has been called and held under the order of an adjudicator. (sec.42-ssec.6) To avoid any doubt, it is declared that an 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.7) Subject to section 43 (4) , this section does not apply to the body corporate of a community titles scheme to which section 43 applies.
This section applies to the body corporate of a community titles scheme (the new scheme ) established by the amalgamation of 2 or more community titles schemes (the previous schemes ) under chapter 2 , part 10 of the Act . The first annual general meeting of the body corporate for the new scheme must be called, under this section, by— if, before the amalgamation, the bodies corporate for each of the previous schemes each passed an ordinary resolution appointing the same former secretary to call the meeting—the former secretary appointed; or if paragraph (a) does not apply—the former secretaries for the previous schemes, acting jointly. The meeting must be called and held within 3 months after the amalgamation takes effect. The agenda for the meeting must include the items mentioned in section 42 (3) . If a former secretary fails to comply with subsection (2) , a member of the body corporate for the new scheme may apply, under the dispute resolution provisions, for an order of an adjudicator appointing a person to call the meeting within a stated time. In this section— former secretary means a person who, immediately before the amalgamation takes effect, holds office as secretary of the body corporate for a previous scheme. (sec.43-ssec.1) This section applies to the body corporate of a community titles scheme (the new scheme ) established by the amalgamation of 2 or more community titles schemes (the previous schemes ) under chapter 2 , part 10 of the Act . (sec.43-ssec.2) The first annual general meeting of the body corporate for the new scheme must be called, under this section, by— if, before the amalgamation, the bodies corporate for each of the previous schemes each passed an ordinary resolution appointing the same former secretary to call the meeting—the former secretary appointed; or if paragraph (a) does not apply—the former secretaries for the previous schemes, acting jointly. (sec.43-ssec.3) The meeting must be called and held within 3 months after the amalgamation takes effect. (sec.43-ssec.4) The agenda for the meeting must include the items mentioned in section 42 (3) . (sec.43-ssec.5) If a former secretary fails to comply with subsection (2) , a member of the body corporate for the new scheme may apply, under the dispute resolution provisions, for an order of an adjudicator appointing a person to call the meeting within a stated time. (sec.43-ssec.6) In this section— former secretary means a person who, immediately before the amalgamation takes effect, holds office as secretary of the body corporate for a previous scheme.
At the first annual general meeting, the original owner must give the following to the body corporate— a register of assets containing an inventory of all body corporate assets; if a development approval was required for development on the scheme land—a copy of the development approval; all plans, specifications, diagrams and drawings of buildings and improvements forming part of scheme land, as built, showing water pipes, electrical wiring, drainage, ventilation ducts, air-conditioning systems and other utility infrastructure; the community management statement currently recorded for the community titles scheme; all policies of insurance taken out by the original owner for the body corporate; copies of documents relating to any claim made against a policy of insurance taken out by the original owner for the body corporate; if a fire and evacuation plan under the Fire Services Act 1990 is required under that Act for a building on the scheme land—a copy of the plan; an independent valuation for each building the body corporate must insure under chapter 8 , part 6 ; documents in the original owner’s possession or control relevant to the administration of the community titles scheme, including the body corporate’s roll, books of account, meeting minutes, registers, any body corporate manager or service contractor engagement, correspondence and tender documentation; documents in the original owner’s possession or control relevant to the buildings or improvements on scheme land, other than excluded documents, including— contracts for building work, or other work of a developmental nature, carried out on scheme land; and certificates of classification for buildings and fire safety certificates; copies of any contracts or agreements for the supply of utility services to the body corporate; copies of any documents relating to warranties for— buildings or improvements forming part of scheme land; and any item of plant and equipment forming part of the common property; and any other body corporate asset; administrative and sinking fund budgets showing the body corporate’s estimated spending for the first financial year; a detailed and comprehensive estimate of the body corporate’s sinking fund expenditure for the scheme’s first 10 financial years, that must include an estimate for the repainting of common property and of buildings that are body corporate assets; a copy of any proxy form under which the original owner is the proxy for an owner of a lot; a copy of any document under which the original owner derives the representative capacity for an owner of a lot. Maximum penalty—150 penalty units. If documents of the types mentioned in subsection (1) come into the original owner’s possession after the body corporate’s first annual general meeting, the original owner must give the documents to the body corporate’s secretary at the earliest practicable opportunity. Maximum penalty—20 penalty units. The documents mentioned in subsection (1) must be given to the body corporate in hard copy and electronic form. Also, the electronic form of the document mentioned in subsection (1) (d) must be readily capable of being edited. In this section— excluded documents means certificates of title for individual lots, or documents evidencing rights or obligations of the original owner that are not capable of being used for the benefit of the body corporate or an owner, other than an owner who is the original owner, of a lot. s 44 amd 2024 SL No. 40 s 41 ; 2024 Act No. 22 s 92 sch 1 (sec.44-ssec.1) At the first annual general meeting, the original owner must give the following to the body corporate— a register of assets containing an inventory of all body corporate assets; if a development approval was required for development on the scheme land—a copy of the development approval; all plans, specifications, diagrams and drawings of buildings and improvements forming part of scheme land, as built, showing water pipes, electrical wiring, drainage, ventilation ducts, air-conditioning systems and other utility infrastructure; the community management statement currently recorded for the community titles scheme; all policies of insurance taken out by the original owner for the body corporate; copies of documents relating to any claim made against a policy of insurance taken out by the original owner for the body corporate; if a fire and evacuation plan under the Fire Services Act 1990 is required under that Act for a building on the scheme land—a copy of the plan; an independent valuation for each building the body corporate must insure under chapter 8 , part 6 ; documents in the original owner’s possession or control relevant to the administration of the community titles scheme, including the body corporate’s roll, books of account, meeting minutes, registers, any body corporate manager or service contractor engagement, correspondence and tender documentation; documents in the original owner’s possession or control relevant to the buildings or improvements on scheme land, other than excluded documents, including— contracts for building work, or other work of a developmental nature, carried out on scheme land; and certificates of classification for buildings and fire safety certificates; copies of any contracts or agreements for the supply of utility services to the body corporate; copies of any documents relating to warranties for— buildings or improvements forming part of scheme land; and any item of plant and equipment forming part of the common property; and any other body corporate asset; administrative and sinking fund budgets showing the body corporate’s estimated spending for the first financial year; a detailed and comprehensive estimate of the body corporate’s sinking fund expenditure for the scheme’s first 10 financial years, that must include an estimate for the repainting of common property and of buildings that are body corporate assets; a copy of any proxy form under which the original owner is the proxy for an owner of a lot; a copy of any document under which the original owner derives the representative capacity for an owner of a lot. Maximum penalty—150 penalty units. (sec.44-ssec.2) If documents of the types mentioned in subsection (1) come into the original owner’s possession after the body corporate’s first annual general meeting, the original owner must give the documents to the body corporate’s secretary at the earliest practicable opportunity. Maximum penalty—20 penalty units. (sec.44-ssec.3) The documents mentioned in subsection (1) must be given to the body corporate in hard copy and electronic form. (sec.44-ssec.4) Also, the electronic form of the document mentioned in subsection (1) (d) must be readily capable of being edited. (sec.44-ssec.5) In this section— excluded documents means certificates of title for individual lots, or documents evidencing rights or obligations of the original owner that are not capable of being used for the benefit of the body corporate or an owner, other than an owner who is the original owner, of a lot.
The persons who are present at a general meeting and have the right to vote at the meeting must elect 1 of the persons to chair the meeting.
The person chairing a general meeting of the body corporate must rule a motion out of order if— the motion, if carried, would— conflict with the Act , this regulation or the by-laws, or a motion already voted on at the meeting; or be unlawful or unenforceable for another reason; or for a motion other than a procedural motion for the conduct of the meeting, or a motion to correct minutes—the substance of the motion was not included in the agenda for the meeting. The person chairing the meeting must, when ruling a motion out of order— give reasons for the ruling; and for a ruling given under subsection (1) (a) —state how the ruling may be reversed by the persons present and entitled to vote on the issue. The persons present and entitled to vote may reverse a ruling given under subsection (1) (a) by passing an ordinary resolution disagreeing with the ruling. The reasons given by the person chairing the meeting for ruling a motion out of order must be recorded in the minutes of the meeting. To remove any doubt, it is declared that— nothing in subsection (1) (a) (i) permits the chairperson to rule an original motion that is part of a group of same-issue motions out of order simply because another original motion that is part of that group has already been voted on; and if the chairperson rules an original motion that is part of a group of same-issue motions out of order, the other motions that are part of the group may still be considered by the meeting. (sec.46-ssec.1) The person chairing a general meeting of the body corporate must rule a motion out of order if— the motion, if carried, would— conflict with the Act , this regulation or the by-laws, or a motion already voted on at the meeting; or be unlawful or unenforceable for another reason; or for a motion other than a procedural motion for the conduct of the meeting, or a motion to correct minutes—the substance of the motion was not included in the agenda for the meeting. (sec.46-ssec.2) The person chairing the meeting must, when ruling a motion out of order— give reasons for the ruling; and for a ruling given under subsection (1) (a) —state how the ruling may be reversed by the persons present and entitled to vote on the issue. (sec.46-ssec.3) The persons present and entitled to vote may reverse a ruling given under subsection (1) (a) by passing an ordinary resolution disagreeing with the ruling. (sec.46-ssec.4) The reasons given by the person chairing the meeting for ruling a motion out of order must be recorded in the minutes of the meeting. (sec.46-ssec.5) To remove any doubt, it is declared that— nothing in subsection (1) (a) (i) permits the chairperson to rule an original motion that is part of a group of same-issue motions out of order simply because another original motion that is part of that group has already been voted on; and if the chairperson rules an original motion that is part of a group of same-issue motions out of order, the other motions that are part of the group may still be considered by the meeting.
In addition to being present personally at a general meeting, a voter is taken to be present at the meeting if the voter— appointed a proxy for the meeting; or cast a vote in a way permitted by the body corporate under section 52 . A quorum at a general meeting is— if, under subsection (3) , the body corporate has decided a minimum percentage of voters for a quorum—at least the minimum percentage; or otherwise—at least 25% of the voters for the meeting. A body corporate may, by special resolution, decide a minimum percentage of voters for a quorum at a general meeting that is— not less than 10% of the number of voters; and not more than 25% of the number of voters. Despite subsection (2) , the number of voters that must be present personally for a meeting is— if the number of voters for the meeting is 3 or more—2 unless the body corporate decides by special resolution that only 1 voter may be present; or if the number of voters for the meeting is fewer than 3—1. For this section, the number of voters for the meeting must be calculated as follows— a person whose name is, or whose name must be, recorded on the roll as a voter more than once must be counted as 1 voter; 2 or more persons whose names are, or whose names must be, recorded on the roll as a voter for the same lot owner, must be counted as 1 voter; 2 or more co-owners of a lot must be counted as 1 voter. Despite section 50 (2) , each voter present at the meeting must be counted as a voter for the meeting. (sec.47-ssec.1) In addition to being present personally at a general meeting, a voter is taken to be present at the meeting if the voter— appointed a proxy for the meeting; or cast a vote in a way permitted by the body corporate under section 52 . (sec.47-ssec.2) A quorum at a general meeting is— if, under subsection (3) , the body corporate has decided a minimum percentage of voters for a quorum—at least the minimum percentage; or otherwise—at least 25% of the voters for the meeting. (sec.47-ssec.3) A body corporate may, by special resolution, decide a minimum percentage of voters for a quorum at a general meeting that is— not less than 10% of the number of voters; and not more than 25% of the number of voters. (sec.47-ssec.4) Despite subsection (2) , the number of voters that must be present personally for a meeting is— if the number of voters for the meeting is 3 or more—2 unless the body corporate decides by special resolution that only 1 voter may be present; or if the number of voters for the meeting is fewer than 3—1. (sec.47-ssec.5) For this section, the number of voters for the meeting must be calculated as follows— a person whose name is, or whose name must be, recorded on the roll as a voter more than once must be counted as 1 voter; 2 or more persons whose names are, or whose names must be, recorded on the roll as a voter for the same lot owner, must be counted as 1 voter; 2 or more co-owners of a lot must be counted as 1 voter. (sec.47-ssec.6) Despite section 50 (2) , each voter present at the meeting must be counted as a voter for the meeting.
This section applies if a quorum is not formed under section 47 within 30 minutes of the time scheduled to start a general meeting. The meeting must be adjourned to be held at the same place, on the same day and at the same time, 1 week later. Despite subsection (2) , if it is not practicable to hold the adjourned meeting at the same place, it may be held at another place if all owners of lots are given notice of the new location before the adjourned meeting is to start. If at the adjourned meeting there is no quorum formed within 30 minutes of the time scheduled to start the adjourned meeting, the persons present, whether personally or otherwise, form a quorum if— at least 1 voter is present personally; or no voter is present personally, but a body corporate manager, with authority from the body corporate to conduct the meeting, is present personally; or a committee member is present personally. (sec.48-ssec.1) This section applies if a quorum is not formed under section 47 within 30 minutes of the time scheduled to start a general meeting. (sec.48-ssec.2) The meeting must be adjourned to be held at the same place, on the same day and at the same time, 1 week later. (sec.48-ssec.3) Despite subsection (2) , if it is not practicable to hold the adjourned meeting at the same place, it may be held at another place if all owners of lots are given notice of the new location before the adjourned meeting is to start. (sec.48-ssec.4) If at the adjourned meeting there is no quorum formed within 30 minutes of the time scheduled to start the adjourned meeting, the persons present, whether personally or otherwise, form a quorum if— at least 1 voter is present personally; or no voter is present personally, but a body corporate manager, with authority from the body corporate to conduct the meeting, is present personally; or a committee member is present personally.
Sourced from Queensland Legislation (legislation.qld.gov.au), CC BY 4.0.
Subject to subsection (2) , there must be a committee for the body corporate for a community titles scheme. There is no committee for the body corporate if the body corporate engages, under part 5 , a body corporate manager to carry out the functions of a committee and the secretary and treasurer. (sec.8-ssec.1) Subject to subsection (2) , there must be a committee for the body corporate for a community titles scheme. (sec.8-ssec.2) There is no committee for the body corporate if the body corporate engages, under part 5 , a body corporate manager to carry out the functions of a committee and the secretary and treasurer.
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 the secretary and treasurer; the term of office of the secretary and treasurer; the filling of casual vacancies on the committee; the meetings of the committee; and to prescribe issues about which the committee may not make decisions; and to enable the body corporate to engage a body corporate manager to carry out the functions of a committee, the secretary and the treasurer; and to provide for matters that involve members of the committee that must be authorised by the body corporate.
Sets procurement and spending controls: spending thresholds for committee vs general meeting decisions, requirement for obtaining and circulating at least two quotes for major spending or manager/service engagements, and requirements for keeping those quotes on file (secs 91–93).
Prescribes property rules: maintenance responsibilities for common property and body corporate assets, how exclusive‑use by‑laws operate, how the body corporate may acquire, lease, sell or deal with common property and body corporate assets and easements (secs 99–109, 111–113, 103–105, 104).
Requires insurance arrangements: what must be insured (common property, buildings and assets), valuation every 5 years for reinstatement insurance, public risk minimum cover, contribution apportionment methodology and rules about excesses (secs 114–127, 119, 125).
Fixes mandatory records, registers and disclosure: roll of lots and entitlements, register of assets and reserved issues, record retention and inspection fees, and duties to supply documents (secs 141–146, 148–149, 153–171). Transitional provisions cover conversion from the 2008 small schemes regulation (chs 10).
Who is affected
Why it matters — the incentives, costs and trade‑offs (source‑grounded)
Decision centralisation and representation: by defining the committee as only secretary/treasurer roles (sec 10) the regulation concentrates routine decision power in 1–2 people. That reduces the number of people who must coordinate meetings but also reduces the number of elected committee members representing owners.
Manager engagement and contract rhythm: a body corporate manager engagement under this module is short (maximum 1 year, secs 26, 68–70). That limits multi‑year lock‑ins (reducing long‑term vendor lock‑in) but increases contract renewal and procurement activity (administrative cost) and may raise turnover risk.
Transparency and conflict mitigation: managers and committees must disclose relationships with providers, commissions, and associated contracts before decisions (secs 75–77). Those disclosures increase paperwork and information flows but are targeted at reducing undisclosed conflicts of interest.
Spending and procurement controls: requiring 2 quotes and circulation for major spending and manager/service engagements (secs 92–93) raises upfront transaction costs (time, administration) but aims to reduce poor procurement decisions and concentrate comparable offers to members for voting.
Financial burden allocation: the regulation makes owners pay for insurance, valuations and levies proportionately (secs 116, 119, 120). It allows the body corporate to recover late fees, penalties and recovery costs, and to enforce debts as joint and several liabilities (secs 82–85). This clarifies who pays (owners) and how liabilities follow title.
Record‑keeping, compliance and enforcement: detailed registers, minutes, reconciliation statements and disclosure requirements (secs 23, 28, 89, 141–146) increase administrative load and the potential for enforcement action if records are incomplete. Fees for document inspection and body corporate certificates are prescribed (secs 148, 148B).
Insurance and risk allocation: the regulation prescribes full replacement‑value insurance, valuation intervals and public risk minimums (secs 116–125, 119). Owners carrying out improvements must notify the body corporate where premiums may be affected (secs 121, 126). These rules shift actuarial and administrative responsibilities onto the body corporate and owners, and require periodic valuations (cost) to ensure adequate cover.
Concrete behaviour changes the instrument incentivises
Implementation risks and compliance burdens
Key sections for practical use
Official rationale and testing it against costs and incentives
The stated object is to prescribe committee composition, meeting rules, manager engagement, and related administrative, financial and property matters for small schemes (sec 9). The provisions achieve that through prescriptive operational detail (meeting mechanics, short manager terms, disclosure rules, procurement thresholds). The trade‑offs are explicit: stronger transparency and consumer protections (disclosure, insurance, procurement) at the cost of higher administrative effort, more frequent procurement cycles (manager turnover risk) and decreased informal flexibility for small volunteer bodies corporate (see secs 24–28, 67–77, 92–93, 119). The regulation shifts most direct financial costs (insurance, valuations, special levies, debt recovery) to lot owners while giving the body corporate formal powers to raise and enforce those amounts (secs 116, 119, 81, 85).
A committee consists only of the person or persons chosen to be the secretary and treasurer of the body corporate. A person may hold the positions of secretary and treasurer in conjunction. There must be a secretary and a 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 the secretary or treasurer. A person who is a member of the committee is a voting member of the committee. (sec.10-ssec.1) A committee consists only of the person or persons chosen to be the secretary and treasurer of the body corporate. (sec.10-ssec.2) A person may hold the positions of secretary and treasurer in conjunction. (sec.10-ssec.3) There must be a secretary and a 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 the secretary or treasurer. (sec.10-ssec.4) A person who is a member of the committee is a voting member of the committee.
A person is eligible to be the secretary or treasurer if the person is an individual and is also— a member of the body corporate; or See also section 31 (Membership of body corporate for community titles scheme) of the Act . a person nominated to be the secretary or treasurer by a member of the body corporate. However, a person who is otherwise eligible under subsection (1) to be the secretary or treasurer is ineligible to be the secretary or treasurer if the person is— a body corporate manager or service contractor; or an associate of a body corporate manager or service contractor; or a person who is a member of the body corporate who owes a body corporate debt in relation to a lot owned by the person at the time voting members are chosen; or a person nominated by a member mentioned in paragraph (c) . A member of the body corporate may not nominate a person to be the secretary or treasurer if the member owes a body corporate debt when the nomination is received by the secretary. For each lot that is co-owned, only 1 co-owner of a lot can be a member of the committee, on the basis of ownership of the lot, at a time. (sec.11-ssec.1) A person is eligible to be the secretary or treasurer if the person is an individual and is also— a member of the body corporate; or See also section 31 (Membership of body corporate for community titles scheme) of the Act . a person nominated to be the secretary or treasurer by a member of the body corporate. (sec.11-ssec.2) However, a person who is otherwise eligible under subsection (1) to be the secretary or treasurer is ineligible to be the secretary or treasurer if the person is— a body corporate manager or service contractor; or an associate of a body corporate manager or service contractor; or a person who is a member of the body corporate who owes a body corporate debt in relation to a lot 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) A member of the body corporate may not nominate a person to be the secretary or treasurer if the member owes a body corporate debt when the nomination is received by the secretary. (sec.11-ssec.4) For each lot that is co-owned, only 1 co-owner of a lot can be a member of the committee, on the basis of ownership of the lot, at a time.
The secretary and treasurer 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. 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 the positions of both secretary and treasurer. If subsection (2) (b) or (d) applies— the committee consists of 2 individuals who are the owners, or the nominees of the owners, of the lots, and they must decide between themselves which of the positions of secretary and treasurer each is to hold and, if they can not agree, each of the positions of secretary and treasurer are jointly held by both of them; or the committee consists of 1 of the 2 individuals mentioned in paragraph (a) , chosen by agreement between the 2 individuals. If there is a vacancy in the position of secretary or treasurer, the choosing of an individual to fill the vacant position may only happen at an extraordinary general meeting of the body corporate. Subsections (3) and (4) do not apply to the scheme if, at an annual general meeting, the body corporate engages under part 5 a body corporate manager to carry out the functions of a committee, secretary and treasurer. (sec.12-ssec.1) The secretary and treasurer 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. (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 the positions of both secretary and treasurer. (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 the lots, and they must decide between themselves which of the positions of secretary and treasurer each is to hold and, if they can not agree, each of the positions of secretary and treasurer are jointly held by both of them; or the committee consists of 1 of the 2 individuals mentioned in paragraph (a) , chosen by agreement between the 2 individuals. (sec.12-ssec.5) If there is a vacancy in the position of secretary or treasurer, the choosing of an individual to fill the vacant position may only happen at an extraordinary general meeting of the body corporate. (sec.12-ssec.6) Subsections (3) and (4) do not apply to the scheme if, at an annual general meeting, the body corporate engages under part 5 a body corporate manager to carry out the functions of a committee, secretary and treasurer.
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 an 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 an extraordinary general meeting as if it were the next annual general meeting after the first annual general meeting.
The secretary and treasurer must be chosen by election. The election must be conducted— to the extent that meeting rules apply—in the way the meeting rules provide; and to the extent that meeting rules do not apply—in the way decided by the body corporate by special resolution. However, despite subsection (1) — the value of any vote able to be cast for a lot included in the community titles scheme for choosing the secretary or treasurer is the same as the value of the vote able to be cast for each other lot included in the scheme; and nominations for secretary and treasurer may be made orally at the general meeting dealing with the choosing, or in writing given to the secretary before the meeting. For subsection (3) (a) , it is immaterial whether there are 2 or more co-owners of 1 or more of the lots. A way decided by the body corporate under subsection (2) (b) must be fair and reasonable in the circumstances of the scheme. (sec.14-ssec.1) The secretary and treasurer must be chosen by election. (sec.14-ssec.2) The election must be conducted— to the extent that meeting rules apply—in the way the meeting rules provide; and to the extent that meeting rules do not apply—in the way decided by the body corporate by special resolution. (sec.14-ssec.3) However, despite subsection (1) — the value of any vote able to be cast for a lot included in the community titles scheme for choosing the secretary or treasurer is the same as the value of the vote able to be cast for each other lot included in the scheme; and nominations for secretary and treasurer may be made orally at the general meeting dealing with the choosing, or in writing given to the secretary before the meeting. (sec.14-ssec.4) For subsection (3) (a) , it is immaterial whether there are 2 or more co-owners of 1 or more of the lots. (sec.14-ssec.5) A way decided by the body corporate under subsection (2) (b) must be fair and reasonable in the circumstances of the scheme.
This is an opening excerpt, not the complete document.