ch.3-pt.1
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Queensland regulation
What it does: This regulation sets step‑by‑step rules for bodies corporate: how committees are formed and run, how owners nominate and elect committee members, how general and committee meetings are called and voted (including secret/electronic ballots and proxies), what records/registers must be kept, and when common property or assets may be leased, sold or improved.
Who it affects and why it matters: It affects lot owners, committee members, body corporate managers, contractors and prospective buyers by specifying decision thresholds, disclosure duties, fees and procedural safeguards that control costs, access to records and who can make binding choices for the scheme.
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Direct links to the current provisions in Body Corporate and Community Management (Standard Module) Regulation 2020.
Subject to subsection (2) there must be a committee for the body corporate for a community titles scheme. There is no committee for the body corporate if the body corporate engages, under part 5 , a body corporate manager to carry out the functions of a committee and each executive member of a committee. (sec.7-ssec.1) Subject to subsection (2) there must be a committee for the body corporate for a community titles scheme. (sec.7-ssec.2) There is no committee for the body corporate if the body corporate engages, under part 5 , a body corporate manager to carry out the functions of a committee and each executive member of a committee.
The purposes of this chapter are— to provide for the following matters in relation to a committee for the body corporate for a community titles scheme— the composition of the committee; the choosing of members of the committee; the term of office of a member of the committee; the filling of casual vacancies on the committee; the meetings of the committee; and to prescribe issues about which the committee may not make decisions; and to enable the body corporate to engage a body corporate manager to carry out the functions of a committee and each executive member of a committee; and to provide for matters that involve members of the committee that must be authorised by the body corporate.
A committee must consist of the following persons— the persons chosen to be the executive members of the committee; if ordinary members are chosen for the committee—the ordinary members; each person who is a non-voting member of the committee. There must be a chairperson, secretary and treasurer, whether or not there is a body corporate manager who has been authorised by the body corporate under section 119 of the Act to exercise some or all of the powers of an executive member of the committee. A person may hold the positions of chairperson, secretary and treasurer, or any 2 of the positions, in conjunction. The committee, other than a minor committee, must consist of at least 3 voting members and not more than the maximum number of voting members for the committee. (sec.9-ssec.1) A committee must consist of the following persons— the persons chosen to be the executive members of the committee; if ordinary members are chosen for the committee—the ordinary members; each person who is a non-voting member of the committee. (sec.9-ssec.2) There must be a chairperson, secretary and treasurer, whether or not there is a body corporate manager who has been authorised by the body corporate under section 119 of the Act to exercise some or all of the powers of an executive member of the committee. (sec.9-ssec.3) A person may hold the positions of chairperson, secretary and treasurer, or any 2 of the positions, in conjunction. (sec.9-ssec.4) The committee, other than a minor committee, must consist of at least 3 voting members and not more than the maximum number of voting members for the committee.
A person is eligible to be a voting member of the committee if the person is an individual nominated for membership of the committee by a member of the body corporate (the nominating entity ) and is also— a member of the body corporate; or if the nominating entity is an individual— a member of the individual’s family; or a person acting under the authority of a power of attorney given by the individual; or if the nominating entity is a corporation—a person who is a director, secretary or other nominee of the corporation; or if the nominating entity is the body corporate for a subsidiary scheme in a layered arrangement of community titles schemes—a person who is a representative of the subsidiary scheme. However, a person who is otherwise eligible under subsection (1) to be a voting member of the committee is ineligible to be a voting member of the committee if the person is— a body corporate manager, service contractor or letting agent; or an associate of a body corporate manager, service contractor or letting agent, other than an owner of a lot who is the associate of a letting agent merely because the letting agent, in conducting the agent’s letting agent business, acts for the owner; or a person, other than a letting agent for the scheme, who conducts a letting agent business for the scheme; or a member of the body corporate who owes a body corporate debt in relation to a lot or lots owned by the person at the time voting members are chosen; or a person nominated by a member mentioned in paragraph (d) . (sec.10-ssec.1) A person is eligible to be a voting member of the committee if the person is an individual nominated for membership of the committee by a member of the body corporate (the nominating entity ) and is also— a member of the body corporate; or if the nominating entity is an individual— a member of the individual’s family; or a person acting under the authority of a power of attorney given by the individual; or if the nominating entity is a corporation—a person who is a director, secretary or other nominee of the corporation; or if the nominating entity is the body corporate for a subsidiary scheme in a layered arrangement of community titles schemes—a person who is a representative of the subsidiary scheme. (sec.10-ssec.2) However, a person who is otherwise eligible under subsection (1) to be a voting member of the committee is ineligible to be a voting member of the committee if the person is— a body corporate manager, service contractor or letting agent; or an associate of a body corporate manager, service contractor or letting agent, other than an owner of a lot who is the associate of a letting agent merely because the letting agent, in conducting the agent’s letting agent business, acts for the owner; or a person, other than a letting agent for the scheme, who conducts a letting agent business for the scheme; or a member of the body corporate who owes a body corporate debt in relation to a lot or lots owned by the person at the time voting members are chosen; or a person nominated by a member mentioned in paragraph (d) .
Unless otherwise permitted under this regulation, for each lot that is co-owned, only 1 co-owner of the lot can be a voting member of the committee, on the basis of ownership of the lot, at a time. For example, this regulation permits otherwise under sections 38 , 42 and 50 . Also, for each lot that is owned, or co-owned, by an individual, only 1 of the following persons can be a voting member of the committee on the basis of ownership of the lot, at a time— the individual owner of the lot; a member of the individual owner’s family; a person acting under the authority of a power of attorney given to the person by the individual owner of the lot. (sec.11-ssec.1) Unless otherwise permitted under this regulation, for each lot that is co-owned, only 1 co-owner of the lot can be a voting member of the committee, on the basis of ownership of the lot, at a time. For example, this regulation permits otherwise under sections 38 , 42 and 50 . (sec.11-ssec.2) Also, for each lot that is owned, or co-owned, by an individual, only 1 of the following persons can be a voting member of the committee on the basis of ownership of the lot, at a time— the individual owner of the lot; a member of the individual owner’s family; a person acting under the authority of a power of attorney given to the person by the individual owner of the lot.
The following persons are, without further election or appointment, members of the committee— a body corporate manager for the community titles scheme; a caretaking service contractor for the scheme. A person who is a member under this section is— a non-voting member of the committee; and not entitled to vote at a meeting of the committee. Subsection (2) applies even if the person is a member of the body corporate. (sec.12-ssec.1) The following persons are, without further election or appointment, members of the committee— a body corporate manager for the community titles scheme; a caretaking service contractor for the scheme. (sec.12-ssec.2) A person who is a member under this section is— a non-voting member of the committee; and not entitled to vote at a meeting of the committee. (sec.12-ssec.3) Subsection (2) applies even if the person is a member of the body corporate.
The members of the committee must be chosen at each annual general meeting of the body corporate. Also, members of the committee may be chosen other than at an annual general meeting if they are appointed under subdivision 8 or division 3 , subdivision 2 . However, subsection (1) does not apply for an annual general meeting if, on the day the annual general meeting is held, there are— only 2 lots included in the community titles scheme, and the 2 lots are in identical ownership; or only 2 lots included in the scheme, and the 2 lots are in different ownership; or 3 or more lots included in the scheme, and all the lots are in identical ownership; or 3 or more lots included in the scheme, and there are only 2 different owners for all the lots; or 3 or more lots included in the scheme, and there are only 3 different owners for all the lots. If subsection (3) (a) or (c) applies, the committee is a committee of 1 consisting of the individual who is the owner, or the nominee of the owner, of the lots, and the individual holds all the executive positions on the committee. If subsection (3) (b) or (d) applies, the committee consists of 2 individuals who are the owners, or the nominees of the owners, of the lots, and they must decide between themselves which of the executive member positions of the committee each is to hold and, if they can not agree, the positions of the executive members are jointly held by both of them. If subsection (3) (e) applies, the committee consists of 3 individuals who are the owners, or the nominees of the owners, of lots, and they must decide between themselves which of the executive member positions of the committee each is to hold and, if they can not agree, the positions of the executive members are jointly held by each of them. Subsections (4) , (5) and (6) do not apply to the scheme if, at an annual general meeting, the body corporate engages under part 5 a body corporate manager to carry out the functions of a committee and each executive member of a committee. A committee mentioned in subsection (4) , (5) or (6) is a minor committee . (sec.13-ssec.1) The members of the committee must be chosen at each annual general meeting of the body corporate. (sec.13-ssec.2) Also, members of the committee may be chosen other than at an annual general meeting if they are appointed under subdivision 8 or division 3 , subdivision 2 . (sec.13-ssec.3) However, subsection (1) does not apply for an annual general meeting if, on the day the annual general meeting is held, there are— only 2 lots included in the community titles scheme, and the 2 lots are in identical ownership; or only 2 lots included in the scheme, and the 2 lots are in different ownership; or 3 or more lots included in the scheme, and all the lots are in identical ownership; or 3 or more lots included in the scheme, and there are only 2 different owners for all the lots; or 3 or more lots included in the scheme, and there are only 3 different owners for all the lots. (sec.13-ssec.4) If subsection (3) (a) or (c) applies, the committee is a committee of 1 consisting of the individual who is the owner, or the nominee of the owner, of the lots, and the individual holds all the executive positions on the committee. (sec.13-ssec.5) If subsection (3) (b) or (d) applies, the committee consists of 2 individuals who are the owners, or the nominees of the owners, of the lots, and they must decide between themselves which of the executive member positions of the committee each is to hold and, if they can not agree, the positions of the executive members are jointly held by both of them. (sec.13-ssec.6) If subsection (3) (e) applies, the committee consists of 3 individuals who are the owners, or the nominees of the owners, of lots, and they must decide between themselves which of the executive member positions of the committee each is to hold and, if they can not agree, the positions of the executive members are jointly held by each of them. (sec.13-ssec.7) Subsections (4) , (5) and (6) do not apply to the scheme if, at an annual general meeting, the body corporate engages under part 5 a body corporate manager to carry out the functions of a committee and each executive member of a committee. (sec.13-ssec.8) A committee mentioned in subsection (4) , (5) or (6) is a minor committee .
If, on the day the first annual general meeting of the body corporate is held, the committee is formed under section 13 (4) , a subsequent committee may be chosen at an extraordinary general meeting held before the next annual general meeting after the first annual general meeting. This subdivision applies to the extraordinary general meeting as if it were the next annual general meeting after the first annual general meeting. (sec.14-ssec.1) If, on the day the first annual general meeting of the body corporate is held, the committee is formed under section 13 (4) , a subsequent committee may be chosen at an extraordinary general meeting held before the next annual general meeting after the first annual general meeting. (sec.14-ssec.2) This subdivision applies to the extraordinary general meeting as if it were the next annual general meeting after the first annual general meeting.
The members of the committee must be chosen by an election conducted under sections 16 to 39 , unless the body corporate decides by special resolution that the members are to be elected in another way. Unless otherwise provided under this regulation, the election of a member must be by ballot. For an example of this regulation otherwise providing, see section 37. A ballot for membership of the committee must be a secret ballot unless the body corporate decides by ordinary resolution that the election be held by open ballot. The value of any vote able to be cast for a lot included in the community titles scheme for choosing a member of the committee is the same as the value of the vote able to be cast for each other lot included in the scheme. For subsection (4) , it is immaterial whether there are 2 or more co-owners of 1 or more of the lots. A way decided by the body corporate under subsection (1) must be fair and reasonable in the circumstances of the scheme. However, this section does not apply to— a member of a minor committee; or deciding which of the executive member positions each member of a minor committee is to hold; or a member of a committee chosen under subdivision 8 or division 3 , subdivision 2 . (sec.15-ssec.1) The members of the committee must be chosen by an election conducted under sections 16 to 39 , unless the body corporate decides by special resolution that the members are to be elected in another way. (sec.15-ssec.2) Unless otherwise provided under this regulation, the election of a member must be by ballot. For an example of this regulation otherwise providing, see section 37. (sec.15-ssec.3) A ballot for membership of the committee must be a secret ballot unless the body corporate decides by ordinary resolution that the election be held by open ballot. (sec.15-ssec.4) The value of any vote able to be cast for a lot included in the community titles scheme for choosing a member of the committee is the same as the value of the vote able to be cast for each other lot included in the scheme. (sec.15-ssec.5) For subsection (4) , it is immaterial whether there are 2 or more co-owners of 1 or more of the lots. (sec.15-ssec.6) A way decided by the body corporate under subsection (1) must be fair and reasonable in the circumstances of the scheme. (sec.15-ssec.7) However, this section does not apply to— a member of a minor committee; or deciding which of the executive member positions each member of a minor committee is to hold; or a member of a committee chosen under subdivision 8 or division 3 , subdivision 2 .
This section states how individuals are nominated for election as a voting member of the committee at the annual general meeting for the community titles scheme other than the first annual general meeting. The secretary must serve a notice on each owner of a lot shown on the body corporate’s roll— setting out an owner’s right of nomination under section 17 and inviting nomination; and stating that the owner, or a person nominated by the owner, is not eligible to be a voting member of the committee if the owner owes a body corporate debt in relation to a lot or lots owned by the owner at the time the members of the committee are chosen. The notice must be given at least 3 weeks before, but not earlier than 6 weeks before, the end of the body corporate’s financial year. See also section 86 . Nominations must comply with section 18 and must be given to the secretary by the end of the body corporate’s financial year. As soon as practicable after receiving a nomination under this section, the secretary must forward written notice to the candidate acknowledging the nomination has been received. (sec.16-ssec.1) This section states how individuals are nominated for election as a voting member of the committee at the annual general meeting for the community titles scheme other than the first annual general meeting. (sec.16-ssec.2) The secretary must serve a notice on each owner of a lot shown on the body corporate’s roll— setting out an owner’s right of nomination under section 17 and inviting nomination; and stating that the owner, or a person nominated by the owner, is not eligible to be a voting member of the committee if the owner owes a body corporate debt in relation to a lot or lots owned by the owner at the time the members of the committee are chosen. (sec.16-ssec.3) The notice must be given at least 3 weeks before, but not earlier than 6 weeks before, the end of the body corporate’s financial year. See also section 86 . (sec.16-ssec.4) Nominations must comply with section 18 and must be given to the secretary by the end of the body corporate’s financial year. (sec.16-ssec.5) As soon as practicable after receiving a nomination under this section, the secretary must forward written notice to the candidate acknowledging the nomination has been received.
The owner of a lot may nominate 1 person for election as a voting member of the committee. However, if the owner owns more than 1 lot in the community titles scheme, the owner may nominate persons for the election as follows— if the owner owns 2 lots or there are fewer than 7 lots included in the scheme—the owner may nominate 2 persons; Ms Jones owns 3 lots in a scheme that includes 6 lots. Ms Jones may nominate 2 persons for election. Ms Smith owns 2 lots in a scheme that includes 8 lots. Ms Smith may nominate 2 persons for election. if the owner owns more than 2 lots and there are 7 or more lots included in the scheme—the owner may nominate 3 persons. Mr and Mrs Brown own 5 lots in a scheme that includes 12 lots. Mr and Mrs Brown may nominate 3 persons for election. The following persons may be nominated under subsection (1) or (2) — if the owner of the lot is an individual— the owner of the lot; or an individual who may be nominated by the owner of the lot under section 10 (1) (b) ; or another individual who is an owner of a lot; if the owner of the lot is not an individual— an individual who may be nominated by the owner of the lot under section 10 (1) (c) or (d) ; or an individual who is an owner of a lot. If the owner of a lot owes a body corporate debt when the owner’s nomination is received by the secretary, the owner’s nomination or nominations are taken not to comply with this regulation. The right of the owner of a lot to nominate persons for election under this section applies only for the purposes of sections 16 and 19 . In this section— owner , of a lot, includes co-owners of the lot. (sec.17-ssec.1) The owner of a lot may nominate 1 person for election as a voting member of the committee. (sec.17-ssec.2) However, if the owner owns more than 1 lot in the community titles scheme, the owner may nominate persons for the election as follows— if the owner owns 2 lots or there are fewer than 7 lots included in the scheme—the owner may nominate 2 persons; Ms Jones owns 3 lots in a scheme that includes 6 lots. Ms Jones may nominate 2 persons for election. Ms Smith owns 2 lots in a scheme that includes 8 lots. Ms Smith may nominate 2 persons for election. if the owner owns more than 2 lots and there are 7 or more lots included in the scheme—the owner may nominate 3 persons. Mr and Mrs Brown own 5 lots in a scheme that includes 12 lots. Mr and Mrs Brown may nominate 3 persons for election. (sec.17-ssec.3) The following persons may be nominated under subsection (1) or (2) — if the owner of the lot is an individual— the owner of the lot; or an individual who may be nominated by the owner of the lot under section 10 (1) (b) ; or another individual who is an owner of a lot; if the owner of the lot is not an individual— an individual who may be nominated by the owner of the lot under section 10 (1) (c) or (d) ; or an individual who is an owner of a lot. (sec.17-ssec.4) If the owner of a lot owes a body corporate debt when the owner’s nomination is received by the secretary, the owner’s nomination or nominations are taken not to comply with this regulation. (sec.17-ssec.5) The right of the owner of a lot to nominate persons for election under this section applies only for the purposes of sections 16 and 19 . (sec.17-ssec.6) In this section— owner , of a lot, includes co-owners of the lot.
For section 16 , a nomination must be made by written notice and— if the nomination is from an owner of a lot nominating the owner—must be signed and dated by the owner; or if the nomination is from an owner of a lot nominating an individual other than the owner— must be signed and dated by the individual; and must be countersigned by the owner, or a person acting under the authority of the owner. A nomination must contain each of the following details— the family name and either the first given name or other name or abbreviation by which the nominated person (the candidate ) is generally known; the position or positions the candidate is nominated for; whether the candidate is an owner of a lot; if the candidate is not an owner of a lot— the candidate’s residential or business address; and the category of person mentioned in section 10 (1) (b) , (c) or (d) to which the candidate belongs; and the name of the owner of a lot who nominated the candidate; details of any payment to be made to, or to be sought by, the candidate from the body corporate for the candidate carrying out the duties of a committee member. payment of the candidate’s expenses for travelling to committee meetings (sec.18-ssec.1) For section 16 , a nomination must be made by written notice and— if the nomination is from an owner of a lot nominating the owner—must be signed and dated by the owner; or if the nomination is from an owner of a lot nominating an individual other than the owner— must be signed and dated by the individual; and must be countersigned by the owner, or a person acting under the authority of the owner. (sec.18-ssec.2) A nomination must contain each of the following details— the family name and either the first given name or other name or abbreviation by which the nominated person (the candidate ) is generally known; the position or positions the candidate is nominated for; whether the candidate is an owner of a lot; if the candidate is not an owner of a lot— the candidate’s residential or business address; and the category of person mentioned in section 10 (1) (b) , (c) or (d) to which the candidate belongs; and the name of the owner of a lot who nominated the candidate; details of any payment to be made to, or to be sought by, the candidate from the body corporate for the candidate carrying out the duties of a committee member. payment of the candidate’s expenses for travelling to committee meetings
An owner of a lot may nominate individuals, as provided under section 17 , for election as a voting member of the committee for an election held at the first annual general meeting for the community titles scheme. A nomination must be given at the meeting either— orally from the floor of the meeting; or in writing handed to the person chairing the meeting. (sec.19-ssec.1) An owner of a lot may nominate individuals, as provided under section 17 , for election as a voting member of the committee for an election held at the first annual general meeting for the community titles scheme. (sec.19-ssec.2) A nomination must be given at the meeting either— orally from the floor of the meeting; or in writing handed to the person chairing the meeting.
If, under this part, a committee election must be held at the first annual general meeting for the community titles scheme— the duties imposed on the secretary under this part must be carried out by the original owner; and the provisions of this part for the election of the committee are modified to the extent that they are inconsistent with the following requirements— no ballot papers need be issued before the meeting; to be entitled to vote, a person must be present at the meeting.
A person voting in a committee election held by secret ballot may vote— by casting a hard copy vote under section 23 ; or if section 24 applies—by casting an electronic vote under that section.
This section states how a committee election by secret ballot must be held. After nominations close, the secretary must prepare hard copy ballot papers, and if applicable an electronic form of the ballot papers, for each of the following positions for which a ballot is required— chairperson; secretary; treasurer; ordinary members of the committee. Each ballot must be conducted separately. However, the separate ballots mentioned in subsection (3) may appear on 1 document. For each ballot, the secretary must list the names of the properly nominated candidates in alphabetical order of family name, showing— after each name, a blank space for voting purposes; and whether the candidate is an owner of a lot; and if the candidate is not an owner of a lot— the name of the owner of a lot who nominated the candidate; and the candidate’s residential or business address; and the category of person mentioned in section 10 (1) (b) , (c) or (d) to which the candidate belongs; and details of any payment to be made to, or to be sought by, the candidate from the body corporate for the candidate carrying out the duties of a committee member. For examples of nomination requirements, see sections 10 , 17 and 18 . For a hard copy vote, the secretary must forward with the notices for the annual general meeting— the ballot papers; and an envelope marked ‘ballot paper’; and either of the following items— a separate particulars envelope; a particulars tab that forms part of the ballot paper envelope but that a person may detach without unsealing or otherwise opening the ballot paper envelope. For an electronic vote, the secretary must forward, with the notices for the annual general meeting, instructions on how a person may cast a vote. (sec.22-ssec.1) This section states how a committee election by secret ballot must be held. (sec.22-ssec.2) After nominations close, the secretary must prepare hard copy ballot papers, and if applicable an electronic form of the ballot papers, for each of the following positions for which a ballot is required— chairperson; secretary; treasurer; ordinary members of the committee. (sec.22-ssec.3) Each ballot must be conducted separately. (sec.22-ssec.4) However, the separate ballots mentioned in subsection (3) may appear on 1 document. (sec.22-ssec.5) For each ballot, the secretary must list the names of the properly nominated candidates in alphabetical order of family name, showing— after each name, a blank space for voting purposes; and whether the candidate is an owner of a lot; and if the candidate is not an owner of a lot— the name of the owner of a lot who nominated the candidate; and the candidate’s residential or business address; and the category of person mentioned in section 10 (1) (b) , (c) or (d) to which the candidate belongs; and details of any payment to be made to, or to be sought by, the candidate from the body corporate for the candidate carrying out the duties of a committee member. For examples of nomination requirements, see sections 10 , 17 and 18 . (sec.22-ssec.6) For a hard copy vote, the secretary must forward with the notices for the annual general meeting— the ballot papers; and an envelope marked ‘ballot paper’; and either of the following items— a separate particulars envelope; a particulars tab that forms part of the ballot paper envelope but that a person may detach without unsealing or otherwise opening the ballot paper envelope. (sec.22-ssec.7) For an electronic vote, the secretary must forward, with the notices for the annual general meeting, instructions on how a person may cast a vote.
To cast a hard copy vote a person must— for a ballot for the position of chairperson, secretary or treasurer—place a mark on the ballot paper in the space opposite the name of the candidate the person wishes to vote for; and for a ballot for the ordinary member positions—place a mark on the ballot paper in each of the spaces opposite the names of however many candidates the person wishes to vote for; and place the ballot paper in the ballot paper envelope supplied by the secretary and seal it; and if a separate particulars envelope is supplied—place the sealed ballot paper envelope in the separate envelope and seal it; and complete the separate particulars envelope or particulars tab by signing and dating the envelope or tab, and stating the following information on the envelope or tab— the number of the lot for which the vote is exercised; the name of the owner of the lot; the name of the person having the right to vote; the basis for the person’s right to vote; and give the completed particulars envelope with the ballot paper envelope enclosed, or the ballot paper envelope with the completed particulars tab attached, to the secretary, or forward the envelope to the secretary so that the secretary receives it, before or at the annual general meeting.
This section applies if the body corporate has by ordinary resolution decided that voters for an election for the committee held by secret ballot may cast votes electronically. The body corporate may pass a resolution mentioned in subsection (1) only if the body corporate operates a system for receiving electronic votes that— does not disclose a voter’s identity; and rejects a vote cast by a person who— is not eligible to vote in the election; or has already voted in the election; and does not allow a person other than the secretary to receive the electronic votes. The system for receiving electronic votes may allow a voter who is present personally at the annual general meeting to cast a vote electronically at the meeting. The system may allow voters to cast a vote using a computer, smartphone or tablet computer. To cast an electronic vote a person must comply with— the instructions given by the secretary under section 22 (7) , to the extent the instructions are consistent with a requirement mentioned in paragraph (b) , so that the secretary receives the person’s vote— before the annual general meeting; or if the system for receiving electronic votes allows a person to cast a vote electronically at the annual general meeting—at the meeting before the votes are counted; and any requirement under the Electronic Transactions (Queensland) Act 2001 about how a document must be signed or sent electronically. (sec.24-ssec.1) This section applies if the body corporate has by ordinary resolution decided that voters for an election for the committee held by secret ballot may cast votes electronically. (sec.24-ssec.2) The body corporate may pass a resolution mentioned in subsection (1) only if the body corporate operates a system for receiving electronic votes that— does not disclose a voter’s identity; and rejects a vote cast by a person who— is not eligible to vote in the election; or has already voted in the election; and does not allow a person other than the secretary to receive the electronic votes. (sec.24-ssec.3) The system for receiving electronic votes may allow a voter who is present personally at the annual general meeting to cast a vote electronically at the meeting. The system may allow voters to cast a vote using a computer, smartphone or tablet computer. (sec.24-ssec.4) To cast an electronic vote a person must comply with— the instructions given by the secretary under section 22 (7) , to the extent the instructions are consistent with a requirement mentioned in paragraph (b) , so that the secretary receives the person’s vote— before the annual general meeting; or if the system for receiving electronic votes allows a person to cast a vote electronically at the annual general meeting—at the meeting before the votes are counted; and any requirement under the Electronic Transactions (Queensland) Act 2001 about how a document must be signed or sent electronically.
When a ballot is held a voter who has not cast a vote for the ballot may— ask the secretary for a ballot paper and ballot paper envelope and particulars envelope or tab, and cast a hard copy vote in the way this subdivision provides; or cast an electronic vote in the way this subdivision provides. Also, a voter who wishes to withdraw a vote already cast for the ballot and submit a replacement vote in the way this subdivision provides may, if the vote already cast can be readily identified and withdrawn— ask the secretary to withdraw the vote already cast; and vote in the way this subdivision provides. All votes cast before the annual general meeting ends are to be held in the custody of the secretary. (sec.25-ssec.1) When a ballot is held a voter who has not cast a vote for the ballot may— ask the secretary for a ballot paper and ballot paper envelope and particulars envelope or tab, and cast a hard copy vote in the way this subdivision provides; or cast an electronic vote in the way this subdivision provides. (sec.25-ssec.2) Also, a voter who wishes to withdraw a vote already cast for the ballot and submit a replacement vote in the way this subdivision provides may, if the vote already cast can be readily identified and withdrawn— ask the secretary to withdraw the vote already cast; and vote in the way this subdivision provides. (sec.25-ssec.3) All votes cast before the annual general meeting ends are to be held in the custody of the secretary.
A person voting in an election for the committee held by open ballot may vote— by casting a hard copy vote under section 28 ; or if section 29 applies—by casting an electronic vote under that section.
This section states how a committee election by open ballot must be held. After nominations close, the secretary must prepare hard copy ballot papers, and if applicable an electronic form of the ballot papers, for each of the following positions for which a ballot is required— chairperson; secretary; treasurer; the ordinary members of the committee. Each ballot must be conducted separately. However, the separate ballots mentioned in subsection (3) may appear on 1 document. For each ballot, the secretary must list the names of the properly nominated candidates in alphabetical order of family name, showing— after each name, a blank space for voting purposes; and whether the candidate is an owner of a lot; and if the candidate is not an owner of a lot— the name of the owner of a lot who nominated the candidate; and the candidate’s residential or business address; and the category of person mentioned in section 10 (1) (b) , (c) or (d) to which the candidate belongs; and details of any payment to be made to, or to be sought by, the candidate from the body corporate for the candidate carrying out the duties of a committee member. For examples of nomination requirements, see sections 10 , 17 and 18 . For a hard copy vote, the secretary must forward with the notices for the annual general meeting— the ballot papers; and an envelope, self-addressed to the secretary, marked ‘ballot paper’. For an electronic vote, the secretary must forward, with the notices for the annual general meeting, instructions on how a person may cast a vote. (sec.27-ssec.1) This section states how a committee election by open ballot must be held. (sec.27-ssec.2) After nominations close, the secretary must prepare hard copy ballot papers, and if applicable an electronic form of the ballot papers, for each of the following positions for which a ballot is required— chairperson; secretary; treasurer; the ordinary members of the committee. (sec.27-ssec.3) Each ballot must be conducted separately. (sec.27-ssec.4) However, the separate ballots mentioned in subsection (3) may appear on 1 document. (sec.27-ssec.5) For each ballot, the secretary must list the names of the properly nominated candidates in alphabetical order of family name, showing— after each name, a blank space for voting purposes; and whether the candidate is an owner of a lot; and if the candidate is not an owner of a lot— the name of the owner of a lot who nominated the candidate; and the candidate’s residential or business address; and the category of person mentioned in section 10 (1) (b) , (c) or (d) to which the candidate belongs; and details of any payment to be made to, or to be sought by, the candidate from the body corporate for the candidate carrying out the duties of a committee member. For examples of nomination requirements, see sections 10 , 17 and 18 . (sec.27-ssec.6) For a hard copy vote, the secretary must forward with the notices for the annual general meeting— the ballot papers; and an envelope, self-addressed to the secretary, marked ‘ballot paper’. (sec.27-ssec.7) For an electronic vote, the secretary must forward, with the notices for the annual general meeting, instructions on how a person may cast a vote.
To cast a hard copy vote a person must— for a ballot for the position of chairperson, secretary or treasurer—place a mark on the ballot paper in the space opposite the name of the candidate the person wishes to vote for; and for a ballot for the ordinary member positions—place a mark on the ballot paper in each of the spaces opposite the names of however many candidates the person wishes to vote for; and sign each ballot paper the voter completes; and on each completed ballot paper, write the number of the lot for which the vote is exercised; and if the ballot paper is not completed at the annual general meeting— place the ballot paper in the ballot paper envelope supplied by the secretary; and seal the envelope, and write on the back of the envelope the lot number mentioned in paragraph (d) ; and give the ballot paper envelope to the secretary, or forward it to the secretary so that the secretary receives it, before or at the annual general meeting; and if the ballot paper is completed at the annual general meeting—give the ballot paper to the secretary before or at the meeting.
This section applies if the body corporate has by ordinary resolution decided that voters for an election for the committee held by open ballot may cast votes electronically. The body corporate may pass a resolution mentioned in subsection (1) only if the body corporate operates a system for receiving electronic votes that— rejects a vote cast by a person who— is not eligible to vote in the election; or has already voted in the election; and does not allow a person other than the secretary to receive the electronic votes. The system for receiving electronic votes may allow a voter who is present personally at the annual general meeting to cast a vote electronically at the meeting. The system may allow voters to cast a vote using a computer, smartphone or tablet computer. To cast an electronic vote a person must comply with— the instructions given by the secretary under section 27 (7) , to the extent the instructions are consistent with a requirement mentioned in paragraph (b) , so that the secretary receives the person’s vote— before the annual general meeting; or if the system for receiving electronic votes allows a person to cast a vote electronically at the annual general meeting—at the meeting; and any requirement under the Electronic Transactions (Queensland) Act 2001 about how a document must be signed or sent electronically. (sec.29-ssec.1) This section applies if the body corporate has by ordinary resolution decided that voters for an election for the committee held by open ballot may cast votes electronically. (sec.29-ssec.2) The body corporate may pass a resolution mentioned in subsection (1) only if the body corporate operates a system for receiving electronic votes that— rejects a vote cast by a person who— is not eligible to vote in the election; or has already voted in the election; and does not allow a person other than the secretary to receive the electronic votes. (sec.29-ssec.3) The system for receiving electronic votes may allow a voter who is present personally at the annual general meeting to cast a vote electronically at the meeting. The system may allow voters to cast a vote using a computer, smartphone or tablet computer. (sec.29-ssec.4) To cast an electronic vote a person must comply with— the instructions given by the secretary under section 27 (7) , to the extent the instructions are consistent with a requirement mentioned in paragraph (b) , so that the secretary receives the person’s vote— before the annual general meeting; or if the system for receiving electronic votes allows a person to cast a vote electronically at the annual general meeting—at the meeting; and any requirement under the Electronic Transactions (Queensland) Act 2001 about how a document must be signed or sent electronically.
When a ballot is held a voter who has not cast a vote for the ballot may— ask the secretary for a ballot paper and cast a hard copy vote in the way this subdivision provides; or cast an electronic vote in the way this subdivision provides. Also, a voter who wishes to withdraw a vote already cast for the ballot and submit a replacement vote in the way this subdivision provides may, if the vote already cast can be readily identified and withdrawn— ask the secretary to withdraw the vote already cast; and vote in the way this subdivision provides. All votes cast before the annual general meeting ends are to be held in the custody of the secretary. (sec.30-ssec.1) When a ballot is held a voter who has not cast a vote for the ballot may— ask the secretary for a ballot paper and cast a hard copy vote in the way this subdivision provides; or cast an electronic vote in the way this subdivision provides. (sec.30-ssec.2) Also, a voter who wishes to withdraw a vote already cast for the ballot and submit a replacement vote in the way this subdivision provides may, if the vote already cast can be readily identified and withdrawn— ask the secretary to withdraw the vote already cast; and vote in the way this subdivision provides. (sec.30-ssec.3) All votes cast before the annual general meeting ends are to be held in the custody of the secretary.
Unless section 74 (5) applies, any items of business about the election of members of the committee that are on the agenda for an annual general meeting must be conducted as the last items of business for the meeting. The election of members takes effect immediately after the close of the meeting at which they are elected. Each ballot may proceed to the count only after the person chairing the meeting has allowed enough time for votes to be cast and announced the close of the ballot. Each candidate for a ballot, and any scrutineer appointed by a candidate, may watch the count. The secretary must pass any ballot papers, particulars envelopes and ballot paper envelopes for the ballot to the person chairing the meeting for counting. (sec.31-ssec.1) Unless section 74 (5) applies, any items of business about the election of members of the committee that are on the agenda for an annual general meeting must be conducted as the last items of business for the meeting. (sec.31-ssec.2) The election of members takes effect immediately after the close of the meeting at which they are elected. (sec.31-ssec.3) Each ballot may proceed to the count only after the person chairing the meeting has allowed enough time for votes to be cast and announced the close of the ballot. (sec.31-ssec.4) Each candidate for a ballot, and any scrutineer appointed by a candidate, may watch the count. (sec.31-ssec.5) The secretary must pass any ballot papers, particulars envelopes and ballot paper envelopes for the ballot to the person chairing the meeting for counting.
Ballots for the positions on the committee for which ballots are required must be conducted in the following order— chairperson; secretary; treasurer; ordinary members.
If a ballot for positions on the committee is an open ballot, the person chairing the meeting must— confirm each vote is the vote of a person who has the right to vote in the election; and if a ballot paper is in a ballot paper envelope—take the ballot paper out of the envelope. Subsection (3) applies if— a ballot for positions on the committee is a secret ballot; and any votes in the ballot were cast as hard copy votes. The person chairing the meeting must— for each hard copy vote— confirm, by a scrutiny of the details on the particulars envelope or particulars tab, that the ballot paper is the vote of a person who has the right to vote in the election; and take the ballot paper envelope out of the particulars envelope, or detach the particulars tab from the ballot paper envelope; and place the ballot paper envelope in a receptacle in open view of the meeting; and after paragraph (a) has been complied with for all ballot paper envelopes— randomly mix the envelopes; and take each ballot paper out of its envelope. Subsection (5) applies if— a ballot for positions on the committee is a secret ballot; and any votes in the ballot were cast as electronic votes. The person chairing the meeting must, for each electronic vote, confirm the vote is the vote of a person who has the right to vote in the election. The person chairing the meeting must record the count of votes in each ballot in the minutes of the meeting. The person chairing the meeting may delegate a function under subsection (1) , (3) or (5) in relation to a ballot for a position on the committee to a person attending the meeting (the delegate ) if— the person chairing the meeting considers the delegate has sufficient independence; and the delegate is not a candidate for the position. (sec.33-ssec.1) If a ballot for positions on the committee is an open ballot, the person chairing the meeting must— confirm each vote is the vote of a person who has the right to vote in the election; and if a ballot paper is in a ballot paper envelope—take the ballot paper out of the envelope. (sec.33-ssec.2) Subsection (3) applies if— a ballot for positions on the committee is a secret ballot; and any votes in the ballot were cast as hard copy votes. (sec.33-ssec.3) The person chairing the meeting must— for each hard copy vote— confirm, by a scrutiny of the details on the particulars envelope or particulars tab, that the ballot paper is the vote of a person who has the right to vote in the election; and take the ballot paper envelope out of the particulars envelope, or detach the particulars tab from the ballot paper envelope; and place the ballot paper envelope in a receptacle in open view of the meeting; and after paragraph (a) has been complied with for all ballot paper envelopes— randomly mix the envelopes; and take each ballot paper out of its envelope. (sec.33-ssec.4) Subsection (5) applies if— a ballot for positions on the committee is a secret ballot; and any votes in the ballot were cast as electronic votes. (sec.33-ssec.5) The person chairing the meeting must, for each electronic vote, confirm the vote is the vote of a person who has the right to vote in the election. (sec.33-ssec.6) The person chairing the meeting must record the count of votes in each ballot in the minutes of the meeting. (sec.33-ssec.7) The person chairing the meeting may delegate a function under subsection (1) , (3) or (5) in relation to a ballot for a position on the committee to a person attending the meeting (the delegate ) if— the person chairing the meeting considers the delegate has sufficient independence; and the delegate is not a candidate for the position.
The person chairing an annual general meeting must declare the result of an election. When declaring the result of an election, the person chairing the meeting must state the number of votes cast for each candidate. The number of votes cast for each candidate must be recorded in the minutes of the meeting. The voting tally sheet kept for the meeting must include, for each ballot that is an open ballot under this subdivision— a list of the votes, identified by lot number, rejected as informal; and for each vote rejected—the reason for the rejection; and the total number of votes counted for each candidate. The voting tally sheet kept for the meeting must include, for each ballot that is a secret ballot under this subdivision— a list of the votes, identified by lot number, rejected from the count before the ballot paper envelopes were opened; and a list of the hard copy votes taken out of ballot paper envelopes for counting, but rejected as informal; and for each vote rejected—the reason for the rejection; and the total number of votes counted for each candidate. The voting tally sheet may be inspected at the meeting by any of the following persons— a person who is a voter for the meeting; a candidate; the returning officer, if any, appointed by the body corporate for the meeting; the person chairing the meeting; a scrutineer appointed by a candidate under section 31 (4) . (sec.34-ssec.1) The person chairing an annual general meeting must declare the result of an election. (sec.34-ssec.2) When declaring the result of an election, the person chairing the meeting must state the number of votes cast for each candidate. (sec.34-ssec.3) The number of votes cast for each candidate must be recorded in the minutes of the meeting. (sec.34-ssec.4) The voting tally sheet kept for the meeting must include, for each ballot that is an open ballot under this subdivision— a list of the votes, identified by lot number, rejected as informal; and for each vote rejected—the reason for the rejection; and the total number of votes counted for each candidate. (sec.34-ssec.5) The voting tally sheet kept for the meeting must include, for each ballot that is a secret ballot under this subdivision— a list of the votes, identified by lot number, rejected from the count before the ballot paper envelopes were opened; and a list of the hard copy votes taken out of ballot paper envelopes for counting, but rejected as informal; and for each vote rejected—the reason for the rejection; and the total number of votes counted for each candidate. (sec.34-ssec.6) The voting tally sheet may be inspected at the meeting by any of the following persons— a person who is a voter for the meeting; a candidate; the returning officer, if any, appointed by the body corporate for the meeting; the person chairing the meeting; a scrutineer appointed by a candidate under section 31 (4) .
If only 1 person is nominated for the position of chairperson, secretary or treasurer, the person chairing the meeting, if satisfied the nomination complies with this regulation, must declare the person to have been elected unopposed. For examples of nomination requirements, see sections 10 , 17 and 18 . If, for the position of chairperson, secretary or treasurer, there has been no nomination, the person chairing the meeting— must invite nominations for the position at the meeting; and must accept nominations that are made in either of the following ways— by a member of the body corporate who is present at the meeting; in writing, by a member of the body corporate not present at the meeting. A member of the body corporate may nominate, under subsection (2) (b) , not more than 1 person for the position. Subsection (3) applies even if the member is the owner of more than 1 lot included in the community titles scheme. To remove any doubt, it is declared that the member may make the nomination whether or not the member made a nomination under section 16 for a position on the committee. If more than 1 person has nominated for a position, a ballot must be conducted, and the person chairing the meeting must declare the person who receives the highest number of votes to have been elected. If, on a counting of votes, 2 or more persons each receive an identical number of votes, and no other candidate receives a higher number of votes, the result must be decided between the 2 or more persons by chance in the way the meeting decides. (sec.35-ssec.1) If only 1 person is nominated for the position of chairperson, secretary or treasurer, the person chairing the meeting, if satisfied the nomination complies with this regulation, must declare the person to have been elected unopposed. For examples of nomination requirements, see sections 10 , 17 and 18 . (sec.35-ssec.2) If, for the position of chairperson, secretary or treasurer, there has been no nomination, the person chairing the meeting— must invite nominations for the position at the meeting; and must accept nominations that are made in either of the following ways— by a member of the body corporate who is present at the meeting; in writing, by a member of the body corporate not present at the meeting. (sec.35-ssec.3) A member of the body corporate may nominate, under subsection (2) (b) , not more than 1 person for the position. (sec.35-ssec.4) Subsection (3) applies even if the member is the owner of more than 1 lot included in the community titles scheme. (sec.35-ssec.5) To remove any doubt, it is declared that the member may make the nomination whether or not the member made a nomination under section 16 for a position on the committee. (sec.35-ssec.6) If more than 1 person has nominated for a position, a ballot must be conducted, and the person chairing the meeting must declare the person who receives the highest number of votes to have been elected. (sec.35-ssec.7) If, on a counting of votes, 2 or more persons each receive an identical number of votes, and no other candidate receives a higher number of votes, the result must be decided between the 2 or more persons by chance in the way the meeting decides.
The positions of the ordinary members of the committee may only be decided after the executive member positions on the committee are filled. A person’s nomination for a position as an ordinary member has no effect if the person is elected as an executive member of the committee. Subsection (2) applies even if the person’s name appears on a list of candidates for ordinary members forwarded before the meeting. (sec.36-ssec.1) The positions of the ordinary members of the committee may only be decided after the executive member positions on the committee are filled. (sec.36-ssec.2) A person’s nomination for a position as an ordinary member has no effect if the person is elected as an executive member of the committee. (sec.36-ssec.3) Subsection (2) applies even if the person’s name appears on a list of candidates for ordinary members forwarded before the meeting.
Subsection (2) applies if, at an annual general meeting— the number of candidates nominated for ordinary member positions plus the number of executive members of the committee is not more than the maximum number of voting members for the committee; and the person chairing the meeting is satisfied the nominations for the ordinary member positions comply with this regulation. For examples of nomination requirements, see sections 10 , 17 and 18 . The person chairing the meeting must declare the candidates to have been elected as ordinary members. Subsection (4) applies if the number of candidates nominated for ordinary member positions plus the number of executive members of the committee is more than the maximum number of voting members for the committee. A ballot must be conducted for the election of ordinary members of the committee. (sec.37-ssec.1) Subsection (2) applies if, at an annual general meeting— the number of candidates nominated for ordinary member positions plus the number of executive members of the committee is not more than the maximum number of voting members for the committee; and the person chairing the meeting is satisfied the nominations for the ordinary member positions comply with this regulation. For examples of nomination requirements, see sections 10 , 17 and 18 . (sec.37-ssec.2) The person chairing the meeting must declare the candidates to have been elected as ordinary members. (sec.37-ssec.3) Subsection (4) applies if the number of candidates nominated for ordinary member positions plus the number of executive members of the committee is more than the maximum number of voting members for the committee. (sec.37-ssec.4) A ballot must be conducted for the election of ordinary members of the committee.
This section applies if, at an annual general meeting, the number of the ordinary members plus the number of executive members of the committee is less than the maximum number of voting members for the committee. The person chairing the meeting must invite nominations at the meeting for the number of ordinary member positions necessary to bring the total number of voting members for the committee to the maximum number. If nominations are called for under subsection (2) and 1 co-owner of a lot has been elected as a member of the committee, not more than 1 other co-owner of the lot may be nominated for an ordinary member position if necessary to bring the total number of voting members of the committee to 3. The person chairing the meeting— must invite nominations for the position or positions at the meeting; and must accept nominations that are made in either of the following ways— by a member of the body corporate who is present at the meeting; in writing, by a member of the body corporate not present at the meeting. A member of the body corporate may nominate, under subsection (4) (b) , not more than 1 person for all ordinary member positions for which nominations are invited. Subsection (5) applies even if the member is the owner of more than 1 lot included in the community titles scheme. To remove any doubt, it is declared that the member may make the nomination whether or not the member made a nomination under section 16 for a position on the committee. (sec.38-ssec.1) This section applies if, at an annual general meeting, the number of the ordinary members plus the number of executive members of the committee is less than the maximum number of voting members for the committee. (sec.38-ssec.2) The person chairing the meeting must invite nominations at the meeting for the number of ordinary member positions necessary to bring the total number of voting members for the committee to the maximum number. (sec.38-ssec.3) If nominations are called for under subsection (2) and 1 co-owner of a lot has been elected as a member of the committee, not more than 1 other co-owner of the lot may be nominated for an ordinary member position if necessary to bring the total number of voting members of the committee to 3. (sec.38-ssec.4) The person chairing the meeting— must invite nominations for the position or positions at the meeting; and must accept nominations that are made in either of the following ways— by a member of the body corporate who is present at the meeting; in writing, by a member of the body corporate not present at the meeting. (sec.38-ssec.5) A member of the body corporate may nominate, under subsection (4) (b) , not more than 1 person for all ordinary member positions for which nominations are invited. (sec.38-ssec.6) Subsection (5) applies even if the member is the owner of more than 1 lot included in the community titles scheme. (sec.38-ssec.7) To remove any doubt, it is declared that the member may make the nomination whether or not the member made a nomination under section 16 for a position on the committee.
This section applies if, at an annual general meeting, it is necessary to conduct a ballot for ordinary members of the committee. The persons who receive the highest numbers of votes in the ballot, in descending order until the committee numbers the maximum number of voting members for the committee, must be declared elected as the ordinary members. If, on a counting of votes, 2 or more persons each receive an identical number of votes and the number of persons to be elected would be exceeded if the 2 or more persons were declared elected, the result of the ballot must be decided between the 2 or more persons by chance in the way the meeting decides. For the counting of votes for positions of ordinary members of the committee cast before the annual general meeting, a vote cast for each person who has already been elected to an executive member position is void. (sec.39-ssec.1) This section applies if, at an annual general meeting, it is necessary to conduct a ballot for ordinary members of the committee. (sec.39-ssec.2) The persons who receive the highest numbers of votes in the ballot, in descending order until the committee numbers the maximum number of voting members for the committee, must be declared elected as the ordinary members. (sec.39-ssec.3) If, on a counting of votes, 2 or more persons each receive an identical number of votes and the number of persons to be elected would be exceeded if the 2 or more persons were declared elected, the result of the ballot must be decided between the 2 or more persons by chance in the way the meeting decides. (sec.39-ssec.4) For the counting of votes for positions of ordinary members of the committee cast before the annual general meeting, a vote cast for each person who has already been elected to an executive member position is void.
In this subdivision— elected member , of a committee, means an executive or ordinary member of the committee elected at a relevant annual general meeting of the body corporate. relevant annual general meeting means an annual general meeting of a body corporate, other than an annual general meeting mentioned in section 13 (3) , at which— at least 1 person is elected as an executive or ordinary member of the committee; and either— at least 1 executive member position on the committee is not filled; or the total number of voting members of the committee elected is less than 3; and the body corporate does not approve the engagement of a body corporate manager under part 5 .
Within 1 month after a relevant annual general meeting is held, the elected member of the committee or, if there is more than 1 elected member, the elected members of the committee acting jointly, must call an extraordinary general meeting of the body corporate. The extraordinary meeting must be held within 2 months after the relevant annual general meeting. Section 84 does not apply to the calling or holding of the extraordinary general meeting. (sec.41-ssec.1) Within 1 month after a relevant annual general meeting is held, the elected member of the committee or, if there is more than 1 elected member, the elected members of the committee acting jointly, must call an extraordinary general meeting of the body corporate. (sec.41-ssec.2) The extraordinary meeting must be held within 2 months after the relevant annual general meeting. (sec.41-ssec.3) Section 84 does not apply to the calling or holding of the extraordinary general meeting.
At an extraordinary general meeting called under this subdivision, the body corporate may appoint, without conducting an election, a person who is eligible to be a member of the committee to fill a vacancy on the committee. If 1 co-owner of a lot is an elected member of the committee, not more than 1 other co-owner of the lot may be appointed under this section as an ordinary member if necessary to bring the total number of voting members of the committee to 3. A person must not be appointed under this section as a member of the committee if, following the appointment, the committee would number more than the maximum number of voting members for the committee. (sec.42-ssec.1) At an extraordinary general meeting called under this subdivision, the body corporate may appoint, without conducting an election, a person who is eligible to be a member of the committee to fill a vacancy on the committee. (sec.42-ssec.2) If 1 co-owner of a lot is an elected member of the committee, not more than 1 other co-owner of the lot may be appointed under this section as an ordinary member if necessary to bring the total number of voting members of the committee to 3. (sec.42-ssec.3) A person must not be appointed under this section as a member of the committee if, following the appointment, the committee would number more than the maximum number of voting members for the committee.
The agenda of an extraordinary general meeting of a body corporate held under this subdivision must include a motion approving a person’s engagement as a body corporate manager under part 5 . The motion may be considered at the meeting only if, following any appointment of committee members under section 42 — at least 1 executive member position on the committee is not filled; or the total number of voting members of the committee is less than 3. If the motion is considered at the meeting, it must be considered as the last item of business for the meeting. (sec.43-ssec.1) The agenda of an extraordinary general meeting of a body corporate held under this subdivision must include a motion approving a person’s engagement as a body corporate manager under part 5 . (sec.43-ssec.2) The motion may be considered at the meeting only if, following any appointment of committee members under section 42 — at least 1 executive member position on the committee is not filled; or the total number of voting members of the committee is less than 3. (sec.43-ssec.3) If the motion is considered at the meeting, it must be considered as the last item of business for the meeting.
The term of office of a member of the committee continues until— another person is chosen for the position; or the member’s position becomes vacant under subsection (2) ; or the member’s term of office ends under subsection (4) . A member’s position becomes vacant if the member— dies; or becomes ineligible to hold the position; or resigns by written notice given to the chairperson or secretary; or is not present personally, by proxy or by any electronic means authorised by a resolution of the committee, at 2 consecutive meetings of the committee without the committee’s leave; or is convicted, whether or not a conviction is recorded, of an indictable offence; or is removed from office by ordinary resolution of the body corporate; or is removed from office under section 45 . For subsection (2) (b) , without limiting the reasons a member may become ineligible to hold the member’s position, a member is ineligible to hold the member’s position if the member— was a member of the body corporate at the time the member was elected but is no longer a member of the body corporate; or was not a member of the body corporate at the time the member was elected and was nominated for membership by a member of the body corporate who is no longer a member of the body corporate; or is engaged as a body corporate manager or service contractor, or authorised as a letting agent. The term of office of a member of a committee for the body corporate ends if the body corporate engages a body corporate manager under part 5 . To remove any doubt, it is declared that subsections (1) to (3) do not apply to a non-voting member of the committee. (sec.44-ssec.1) The term of office of a member of the committee continues until— another person is chosen for the position; or the member’s position becomes vacant under subsection (2) ; or the member’s term of office ends under subsection (4) . (sec.44-ssec.2) A member’s position becomes vacant if the member— dies; or becomes ineligible to hold the position; or resigns by written notice given to the chairperson or secretary; or is not present personally, by proxy or by any electronic means authorised by a resolution of the committee, at 2 consecutive meetings of the committee without the committee’s leave; or is convicted, whether or not a conviction is recorded, of an indictable offence; or is removed from office by ordinary resolution of the body corporate; or is removed from office under section 45 . (sec.44-ssec.3) For subsection (2) (b) , without limiting the reasons a member may become ineligible to hold the member’s position, a member is ineligible to hold the member’s position if the member— was a member of the body corporate at the time the member was elected but is no longer a member of the body corporate; or was not a member of the body corporate at the time the member was elected and was nominated for membership by a member of the body corporate who is no longer a member of the body corporate; or is engaged as a body corporate manager or service contractor, or authorised as a letting agent. (sec.44-ssec.4) The term of office of a member of a committee for the body corporate ends if the body corporate engages a body corporate manager under part 5 . (sec.44-ssec.5) To remove any doubt, it is declared that subsections (1) to (3) do not apply to a non-voting member of the committee.
For section 101B (3) of the Act , this section prescribes the way a voting member may be removed from office for breaching the code of conduct. A body corporate may begin the process to remove a member only by deciding, by ordinary resolution, to give the member a written notice stating each of the following matters— that the body corporate believes the member has breached a stated provision of the code of conduct; details sufficient to identify the breach in not more than 600 words; that the member may give any other member of the body corporate, within the stated period of at least 21 days after the member is given the notice, a written response to the notice in not more than 600 words; that, if asked by the member, the body corporate will pay the member all postage charges and photocopy expenses reasonably incurred by the member in giving a written response under paragraph (c) to any other member of the body corporate; that the body corporate is to consider a motion to remove the member from office for the breach at the next general meeting of the body corporate called after the period mentioned in paragraph (c) ends. If asked by the member, the body corporate must pay the member all postage charges and photocopy expenses reasonably incurred by the member in giving a written response under subsection (2) (c) to any other member of the body corporate. If a notice under subsection (2) is given to the member and the period mentioned in subsection (2) (c) has ended, the body corporate must— include on the agenda of the next general meeting of the body corporate, called after the period ends, a motion to remove the member from office for breaching the code of conduct; and attach to the agenda a copy of the notice given to the member. At the next general meeting mentioned in subsection (4) (a) , the member may be removed from office by ordinary resolution. (sec.45-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.45-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.45-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.45-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.45-ssec.5) At the next general meeting mentioned in subsection (4) (a) , the member may be removed from office by ordinary resolution.
This subdivision applies if the position of an executive or ordinary member of the committee becomes vacant under section 44 (2) . However, this subdivision does not apply to a person who is a member of a minor committee. (sec.46-ssec.1) This subdivision applies if the position of an executive or ordinary member of the committee becomes vacant under section 44 (2) . (sec.46-ssec.2) However, this subdivision does not apply to a person who is a member of a minor committee.
If the reason for the vacancy is that the committee member is removed from office by ordinary resolution of the body corporate under subdivision 1 , the body corporate may, at the general meeting at which the resolution is passed, appoint a person who is eligible to be a member of the committee to fill the vacancy. It is not necessary for the body corporate to conduct an election to make an appointment under subsection (1) . (sec.47-ssec.1) If the reason for the vacancy is that the committee member is removed from office by ordinary resolution of the body corporate under subdivision 1 , the body corporate may, at the general meeting at which the resolution is passed, appoint a person who is eligible to be a member of the committee to fill the vacancy. (sec.47-ssec.2) It is not necessary for the body corporate to conduct an election to make an appointment under subsection (1) .
Within 1 month after the position of the member of the committee becomes vacant, the committee must— if the number of its members has not fallen below the number required for a quorum— appoint a person who is eligible to be a member of the committee to fill the vacancy; or call a general meeting of the body corporate to choose a person to fill the vacancy; or if the number of its members has fallen below the number required for a quorum—call a general meeting of the body corporate to choose a person to fill the vacancy. However, subsection (1) does not apply if the body corporate fills the vacancy under section 47 . (sec.48-ssec.1) Within 1 month after the position of the member of the committee becomes vacant, the committee must— if the number of its members has not fallen below the number required for a quorum— appoint a person who is eligible to be a member of the committee to fill the vacancy; or call a general meeting of the body corporate to choose a person to fill the vacancy; or if the number of its members has fallen below the number required for a quorum—call a general meeting of the body corporate to choose a person to fill the vacancy. (sec.48-ssec.2) However, subsection (1) does not apply if the body corporate fills the vacancy under section 47 .
If a general meeting is called under section 48 , the notice of the meeting must be accompanied by an explanatory note prepared by the committee. The explanatory note must state that— an owner of a lot may nominate a person for election to a vacant executive member or ordinary member position if the owner does not owe a body corporate debt at the time of the meeting; and a nomination may be made— orally from the floor of the meeting; or by giving, in a way mentioned in section 221 (2) , a written nomination to a member of the committee named in the explanatory note so the member receives the nomination before the election is conducted at the meeting; and an owner of a lot must be present personally at the general meeting to vote in the election. (sec.49-ssec.1) If a general meeting is called under section 48 , the notice of the meeting must be accompanied by an explanatory note prepared by the committee. (sec.49-ssec.2) The explanatory note must state that— an owner of a lot may nominate a person for election to a vacant executive member or ordinary member position if the owner does not owe a body corporate debt at the time of the meeting; and a nomination may be made— orally from the floor of the meeting; or by giving, in a way mentioned in section 221 (2) , a written nomination to a member of the committee named in the explanatory note so the member receives the nomination before the election is conducted at the meeting; and an owner of a lot must be present personally at the general meeting to vote in the election.
At a general meeting called under section 48 , the body corporate may elect a person who is eligible to be a member of the committee to fill a vacant executive or ordinary member position. Subject to subsections (3) to (12) , the election must be conducted in the way decided by the body corporate. A way decided by the body corporate must be fair and reasonable in the circumstances of the community titles scheme. The person chairing the general meeting must— invite nominations for all vacant executive or ordinary member positions at the meeting; and accept the following nominations made by owners of lots who do not owe a body corporate debt at the time of the meeting— nominations made orally from the floor of the meeting; written nominations given in a way mentioned in section 221 (2) to the committee member named in the explanatory note accompanying the notice of the meeting and received by the member before the election is conducted at the meeting. The named committee member must give the person chairing the meeting all nominations received before the election is conducted. An owner of a lot may nominate not more than 1 person for election to any of the following positions— a vacant executive member position; all vacant ordinary member positions. Subsection (6) applies even if the member is the owner of more than 1 lot included in the scheme. If 1 co-owner of a lot is an executive or ordinary member of the committee, not more than 1 other co-owner of the lot may be nominated for a vacant ordinary member position if necessary to bring the total number of voting members of the committee to 3. To be entitled to vote in an election for a vacant executive or ordinary member position, an owner of a lot must be present personally at the general meeting. The value of any vote able to be cast for a lot included in the scheme for choosing a member of the committee is the same as the value of the vote able to be cast for each other lot included in the scheme. Subsection (10) applies regardless of whether there are 2 or more owners of 1 or more of the lots. The election of a member under this section takes effect immediately after the close of the meeting at which the member is elected. (sec.50-ssec.1) At a general meeting called under section 48 , the body corporate may elect a person who is eligible to be a member of the committee to fill a vacant executive or ordinary member position. (sec.50-ssec.2) Subject to subsections (3) to (12) , the election must be conducted in the way decided by the body corporate. (sec.50-ssec.3) A way decided by the body corporate must be fair and reasonable in the circumstances of the community titles scheme. (sec.50-ssec.4) The person chairing the general meeting must— invite nominations for all vacant executive or ordinary member positions at the meeting; and accept the following nominations made by owners of lots who do not owe a body corporate debt at the time of the meeting— nominations made orally from the floor of the meeting; written nominations given in a way mentioned in section 221 (2) to the committee member named in the explanatory note accompanying the notice of the meeting and received by the member before the election is conducted at the meeting. (sec.50-ssec.5) The named committee member must give the person chairing the meeting all nominations received before the election is conducted. (sec.50-ssec.6) An owner of a lot may nominate not more than 1 person for election to any of the following positions— a vacant executive member position; all vacant ordinary member positions. (sec.50-ssec.7) Subsection (6) applies even if the member is the owner of more than 1 lot included in the scheme. (sec.50-ssec.8) If 1 co-owner of a lot is an executive or ordinary member of the committee, not more than 1 other co-owner of the lot may be nominated for a vacant ordinary member position if necessary to bring the total number of voting members of the committee to 3. (sec.50-ssec.9) To be entitled to vote in an election for a vacant executive or ordinary member position, an owner of a lot must be present personally at the general meeting. (sec.50-ssec.10) The value of any vote able to be cast for a lot included in the scheme for choosing a member of the committee is the same as the value of the vote able to be cast for each other lot included in the scheme. (sec.50-ssec.11) Subsection (10) applies regardless of whether there are 2 or more owners of 1 or more of the lots. (sec.50-ssec.12) The election of a member under this section takes effect immediately after the close of the meeting at which the member is elected.
If a general meeting is called under section 48 , the agenda for the general meeting must include a motion approving the engagement of a person as a body corporate manager under part 5 . The motion may be considered at the general meeting only if, after the election to fill all vacant committee member positions is conducted at the meeting under section 50 — at least 1 executive member position on the committee is not filled; or the total number of voting members of the committee is less than 3. If the motion is considered at the general meeting, it must be considered as the last item of business for the meeting. (sec.51-ssec.1) If a general meeting is called under section 48 , the agenda for the general meeting must include a motion approving the engagement of a person as a body corporate manager under part 5 . (sec.51-ssec.2) The motion may be considered at the general meeting only if, after the election to fill all vacant committee member positions is conducted at the meeting under section 50 — at least 1 executive member position on the committee is not filled; or the total number of voting members of the committee is less than 3. (sec.51-ssec.3) If the motion is considered at the general meeting, it must be considered as the last item of business for the meeting.
A decision is a decision on a restricted issue for the committee if it is a decision— fixing or changing a contribution to be levied by the body corporate; or changing rights, privileges or obligations of the owners of lots included in the community titles scheme; or on an issue reserved, by ordinary resolution of the body corporate, for decision by ordinary resolution of the body corporate; or Issues reserved, by ordinary resolution of the body corporate, for decision by ordinary resolution of the body corporate, must be recorded in a register—see section 230 . that may only be made by resolution without dissent, special resolution, majority resolution or ordinary resolution of the body corporate; or to start a proceeding, other than— a proceeding to recover a liquidated debt against the owner of a lot; or a counterclaim, third-party proceeding or other proceeding in relation to a proceeding to which the body corporate is already a party; or a proceeding for an offence under chapter 3 , part 5 , division 4 of the Act ; or a prescribed chapter 6 proceeding; or to pay remuneration, allowances or expenses to a member of the committee unless, under section 53 , the decision is not a decision on a restricted issue for the committee. In this section— prescribed chapter 6 proceeding — means a proceeding, including a proceeding for the enforcement of an adjudicator’s order, under chapter 6 of the Act ; but does not include an appeal against an adjudicator’s order. (sec.52-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 230 . that may only be made by resolution without dissent, special resolution, majority resolution or ordinary resolution of the body corporate; or to start a proceeding, other than— a proceeding to recover a liquidated debt against the owner of a lot; or a counterclaim, third-party proceeding or other proceeding in relation to a proceeding to which the body corporate is already a party; or a proceeding for an offence under chapter 3 , part 5 , division 4 of the Act ; or a prescribed chapter 6 proceeding; or to pay remuneration, allowances or expenses to a member of the committee unless, under section 53 , the decision is not a decision on a restricted issue for the committee. (sec.52-ssec.2) In this section— prescribed chapter 6 proceeding — means a proceeding, including a proceeding for the enforcement of an adjudicator’s order, under chapter 6 of the Act ; but does not include an appeal against an adjudicator’s order.
A decision to pay remuneration, allowances or expenses to a member of the committee is not a decision on a restricted issue for the committee if— the decision is made by ordinary resolution of the body corporate stating— the full amount of the remuneration, allowances or expenses; and if the payment relates to expenses—the reason the expenses were incurred; and an explanatory schedule stating full details of the remuneration, allowances or expenses accompanied the relevant voting paper. For a payment relating to a mileage allowance, full details would include the distance travelled, the date of travel, the cost per kilometre and the reason for travel. Also, a decision to pay expenses to a member of the committee is not a decision on a restricted issue for the committee if— the decision is for the reimbursement of expenses of not more than $50 incurred by the member in attending a committee meeting; and the reimbursement would not result in the member being reimbursed more than $300 in a 12-month period for expenses incurred by the member in attending committee meetings. (sec.53-ssec.1) A decision to pay remuneration, allowances or expenses to a member of the committee is not a decision on a restricted issue for the committee if— the decision is made by ordinary resolution of the body corporate stating— the full amount of the remuneration, allowances or expenses; and if the payment relates to expenses—the reason the expenses were incurred; and an explanatory schedule stating full details of the remuneration, allowances or expenses accompanied the relevant voting paper. For a payment relating to a mileage allowance, full details would include the distance travelled, the date of travel, the cost per kilometre and the reason for travel. (sec.53-ssec.2) Also, a decision to pay expenses to a member of the committee is not a decision on a restricted issue for the committee if— the decision is for the reimbursement of expenses of not more than $50 incurred by the member in attending a committee meeting; and the reimbursement would not result in the member being reimbursed more than $300 in a 12-month period for expenses incurred by the member in attending committee meetings.
s 53A ins 2020 Act No. 38 s 39 sch 1 exp 30 April 2022 (see s 53A(2))
A meeting of the committee may be called by— the secretary or, in the secretary’s absence, the chairperson; or in the absence of both the secretary and the chairperson—another member of the committee acting with the agreement of enough members to form a quorum at a meeting of the committee. The secretary or, in the secretary’s absence, the chairperson must call a meeting if requested, in writing, to call the meeting by enough members of the committee to form a quorum at a meeting of the committee. See section 60 . The meeting must be held within 21 days after the secretary or chairperson receives the request to call the meeting. If the meeting is not held within 21 days, the meeting may be called by another member of the committee acting with the agreement of enough members to form a quorum at a meeting of the committee. The secretary and chairperson may both be presumed to be absent if the request for the meeting, addressed to the secretary and chairperson, is given at the address for service of the body corporate and no reply is received within 7 days. (sec.54-ssec.1) A meeting of the committee may be called by— the secretary or, in the secretary’s absence, the chairperson; or in the absence of both the secretary and the chairperson—another member of the committee acting with the agreement of enough members to form a quorum at a meeting of the committee. (sec.54-ssec.2) The secretary or, in the secretary’s absence, the chairperson must call a meeting if requested, in writing, to call the meeting by enough members of the committee to form a quorum at a meeting of the committee. See section 60 . (sec.54-ssec.3) The meeting must be held within 21 days after the secretary or chairperson receives the request to call the meeting. (sec.54-ssec.4) If the meeting is not held within 21 days, the meeting may be called by another member of the committee acting with the agreement of enough members to form a quorum at a meeting of the committee. (sec.54-ssec.5) The secretary and chairperson may both be presumed to be absent if the request for the meeting, addressed to the secretary and chairperson, is given at the address for service of the body corporate and no reply is received within 7 days.
A meeting of the committee is called by giving written notice to all other committee members stating when and where the meeting is to be held. The notice must be given— at least 7 days before the meeting; or at least 2 days before the meeting, if all voting members of the committee— vote, at the last meeting of the committee held before the proposed meeting, in favour of the reduced notice period for the proposed meeting; or agree in writing to the reduced notice period for the proposed meeting. Also, advice of the proposed meeting— if the body corporate maintains a noticeboard—must be placed on the noticeboard; and must be given to each owner of a lot individually, other than an owner who— has instructed the secretary that the owner does not wish to be given advice of committee meetings; and has not withdrawn the instruction. The advice mentioned in subsection (3) — must state when and where the meeting is to be held; and must be accompanied by the agenda for the meeting; and must be placed on the noticeboard and given to the owner of a lot when notice of the meeting is given to committee members. (sec.55-ssec.1) A meeting of the committee is called by giving written notice to all other committee members stating when and where the meeting is to be held. (sec.55-ssec.2) The notice must be given— at least 7 days before the meeting; or at least 2 days before the meeting, if all voting members of the committee— vote, at the last meeting of the committee held before the proposed meeting, in favour of the reduced notice period for the proposed meeting; or agree in writing to the reduced notice period for the proposed meeting. (sec.55-ssec.3) Also, advice of the proposed meeting— if the body corporate maintains a noticeboard—must be placed on the noticeboard; and must be given to each owner of a lot individually, other than an owner who— has instructed the secretary that the owner does not wish to be given advice of committee meetings; and has not withdrawn the instruction. (sec.55-ssec.4) The advice mentioned in subsection (3) — must state when and where the meeting is to be held; and must be accompanied by the agenda for the meeting; and must be placed on the noticeboard and given to the owner of a lot when notice of the meeting is given to committee members.
The first meeting of the committee after the committee is formed must be held at a place decided by the person calling the meeting. After the first meeting of the committee is held, a committee meeting must be held at a place decided by the committee. Despite subsections (1) and (2) , a committee meeting must not be held more than 15km, measured in a straight line on a horizontal plane, from scheme land if members making up at least half of the number of committee members needed for a quorum so require by written notice given to the secretary. (sec.56-ssec.1) The first meeting of the committee after the committee is formed must be held at a place decided by the person calling the meeting. (sec.56-ssec.2) After the first meeting of the committee is held, a committee meeting must be held at a place decided by the committee. (sec.56-ssec.3) Despite subsections (1) and (2) , a committee meeting must not be held more than 15km, measured in a straight line on a horizontal plane, from scheme land if members making up at least half of the number of committee members needed for a quorum so require by written notice given to the secretary.
The notice calling a committee meeting must include an agenda stating the substance of issues to be considered at the meeting. However, the committee may also consider other issues raised at the meeting. The agenda must include the substance of the following motions— if there has been a previous meeting of the committee—a motion to confirm the minutes of the preceding meeting; if the committee has passed, after the relevant day, a resolution other than at a meeting of the committee—a motion to confirm the resolution. In this section— relevant day means— the day of the preceding meeting of the committee; or if there has not been a previous meeting of the committee—the day the committee was formed. (sec.57-ssec.1) The notice calling a committee meeting must include an agenda stating the substance of issues to be considered at the meeting. (sec.57-ssec.2) However, the committee may also consider other issues raised at the meeting. (sec.57-ssec.3) The agenda must include the substance of the following motions— if there has been a previous meeting of the committee—a motion to confirm the minutes of the preceding meeting; if the committee has passed, after the relevant day, a resolution other than at a meeting of the committee—a motion to confirm the resolution. (sec.57-ssec.4) In this section— relevant day means— the day of the preceding meeting of the committee; or if there has not been a previous meeting of the committee—the day the committee was formed.
This section does not apply in relation to a motion for consideration at a meeting of the committee if— under a by-law for the community titles scheme a person must request the written approval of the body corporate or the committee in relation to the keeping or bringing of an animal on a lot or common property; and the motion is about whether to approve a request to keep or bring an animal on a lot or common property. A member of a body corporate may submit a motion for consideration by the committee by giving the motion to the secretary in a way mentioned in section 221 (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 58 amd 2024 SL No. 40 s 61 (sec.58-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.58-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 221 (2) . (sec.58-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.58-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.58-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.58-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.58-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 82A for when a body corporate must decide a request at a general meeting. The request must be in writing and given to the secretary or, in the secretary’s absence, the chairperson. The committee must decide the request— as a motion for consideration by the committee; and within the period prescribed under section 58B (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 58A ins 2024 SL No. 40 s 62 (sec.58A-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 82A for when a body corporate must decide a request at a general meeting. (sec.58A-ssec.2) The request must be in writing and given to the secretary or, in the secretary’s absence, the chairperson. (sec.58A-ssec.3) The committee must decide the request— as a motion for consideration by the committee; and within the period prescribed under section 58B (the prescribed period ). (sec.58A-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.58A-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 58B ins 2024 SL No. 40 s 62
The chairperson must chair all meetings of the committee at which the chairperson is present. If the chairperson is absent from a meeting, the member chosen, with the member’s agreement, by the voting members present at the meeting must chair the meeting. In this section— present means present personally or by electronic means. (sec.59-ssec.1) The chairperson must chair all meetings of the committee at which the chairperson is present. (sec.59-ssec.2) If the chairperson is absent from a meeting, the member chosen, with the member’s agreement, by the voting members present at the meeting must chair the meeting. (sec.59-ssec.3) In this section— present means present personally or by electronic means.
Sourced from Queensland Legislation (legislation.qld.gov.au), CC BY 4.0.
Subject to subsection (2) there must be a committee for the body corporate for a community titles scheme. There is no committee for the body corporate if the body corporate engages, under part 5 , a body corporate manager to carry out the functions of a committee and each executive member of a committee. (sec.7-ssec.1) Subject to subsection (2) there must be a committee for the body corporate for a community titles scheme. (sec.7-ssec.2) There is no committee for the body corporate if the body corporate engages, under part 5 , a body corporate manager to carry out the functions of a committee and each executive member of a committee.
The purposes of this chapter are— to provide for the following matters in relation to a committee for the body corporate for a community titles scheme— the composition of the committee; the choosing of members of the committee; the term of office of a member of the committee; the filling of casual vacancies on the committee; the meetings of the committee; and to prescribe issues about which the committee may not make decisions; and to enable the body corporate to engage a body corporate manager to carry out the functions of a committee and each executive member of a committee; and to provide for matters that involve members of the committee that must be authorised by the body corporate.
A committee must consist of the following persons— the persons chosen to be the executive members of the committee; if ordinary members are chosen for the committee—the ordinary members; each person who is a non-voting member of the committee. There must be a chairperson, secretary and treasurer, whether or not there is a body corporate manager who has been authorised by the body corporate under section 119 of the Act to exercise some or all of the powers of an executive member of the committee. A person may hold the positions of chairperson, secretary and treasurer, or any 2 of the positions, in conjunction. The committee, other than a minor committee, must consist of at least 3 voting members and not more than the maximum number of voting members for the committee. (sec.9-ssec.1) A committee must consist of the following persons— the persons chosen to be the executive members of the committee; if ordinary members are chosen for the committee—the ordinary members; each person who is a non-voting member of the committee. (sec.9-ssec.2) There must be a chairperson, secretary and treasurer, whether or not there is a body corporate manager who has been authorised by the body corporate under section 119 of the Act to exercise some or all of the powers of an executive member of the committee. (sec.9-ssec.3) A person may hold the positions of chairperson, secretary and treasurer, or any 2 of the positions, in conjunction. (sec.9-ssec.4) The committee, other than a minor committee, must consist of at least 3 voting members and not more than the maximum number of voting members for the committee.
A person is eligible to be a voting member of the committee if the person is an individual nominated for membership of the committee by a member of the body corporate (the nominating entity ) and is also— a member of the body corporate; or if the nominating entity is an individual— a member of the individual’s family; or a person acting under the authority of a power of attorney given by the individual; or if the nominating entity is a corporation—a person who is a director, secretary or other nominee of the corporation; or if the nominating entity is the body corporate for a subsidiary scheme in a layered arrangement of community titles schemes—a person who is a representative of the subsidiary scheme. However, a person who is otherwise eligible under subsection (1) to be a voting member of the committee is ineligible to be a voting member of the committee if the person is— a body corporate manager, service contractor or letting agent; or an associate of a body corporate manager, service contractor or letting agent, other than an owner of a lot who is the associate of a letting agent merely because the letting agent, in conducting the agent’s letting agent business, acts for the owner; or a person, other than a letting agent for the scheme, who conducts a letting agent business for the scheme; or a member of the body corporate who owes a body corporate debt in relation to a lot or lots owned by the person at the time voting members are chosen; or a person nominated by a member mentioned in paragraph (d) . (sec.10-ssec.1) A person is eligible to be a voting member of the committee if the person is an individual nominated for membership of the committee by a member of the body corporate (the nominating entity ) and is also— a member of the body corporate; or if the nominating entity is an individual— a member of the individual’s family; or a person acting under the authority of a power of attorney given by the individual; or if the nominating entity is a corporation—a person who is a director, secretary or other nominee of the corporation; or if the nominating entity is the body corporate for a subsidiary scheme in a layered arrangement of community titles schemes—a person who is a representative of the subsidiary scheme. (sec.10-ssec.2) However, a person who is otherwise eligible under subsection (1) to be a voting member of the committee is ineligible to be a voting member of the committee if the person is— a body corporate manager, service contractor or letting agent; or an associate of a body corporate manager, service contractor or letting agent, other than an owner of a lot who is the associate of a letting agent merely because the letting agent, in conducting the agent’s letting agent business, acts for the owner; or a person, other than a letting agent for the scheme, who conducts a letting agent business for the scheme; or a member of the body corporate who owes a body corporate debt in relation to a lot or lots owned by the person at the time voting members are chosen; or a person nominated by a member mentioned in paragraph (d) .
Unless otherwise permitted under this regulation, for each lot that is co-owned, only 1 co-owner of the lot can be a voting member of the committee, on the basis of ownership of the lot, at a time. For example, this regulation permits otherwise under sections 38 , 42 and 50 . Also, for each lot that is owned, or co-owned, by an individual, only 1 of the following persons can be a voting member of the committee on the basis of ownership of the lot, at a time— the individual owner of the lot; a member of the individual owner’s family; a person acting under the authority of a power of attorney given to the person by the individual owner of the lot. (sec.11-ssec.1) Unless otherwise permitted under this regulation, for each lot that is co-owned, only 1 co-owner of the lot can be a voting member of the committee, on the basis of ownership of the lot, at a time. For example, this regulation permits otherwise under sections 38 , 42 and 50 . (sec.11-ssec.2) Also, for each lot that is owned, or co-owned, by an individual, only 1 of the following persons can be a voting member of the committee on the basis of ownership of the lot, at a time— the individual owner of the lot; a member of the individual owner’s family; a person acting under the authority of a power of attorney given to the person by the individual owner of the lot.
The following persons are, without further election or appointment, members of the committee— a body corporate manager for the community titles scheme; a caretaking service contractor for the scheme. A person who is a member under this section is— a non-voting member of the committee; and not entitled to vote at a meeting of the committee. Subsection (2) applies even if the person is a member of the body corporate. (sec.12-ssec.1) The following persons are, without further election or appointment, members of the committee— a body corporate manager for the community titles scheme; a caretaking service contractor for the scheme. (sec.12-ssec.2) A person who is a member under this section is— a non-voting member of the committee; and not entitled to vote at a meeting of the committee. (sec.12-ssec.3) Subsection (2) applies even if the person is a member of the body corporate.
The members of the committee must be chosen at each annual general meeting of the body corporate. Also, members of the committee may be chosen other than at an annual general meeting if they are appointed under subdivision 8 or division 3 , subdivision 2 . However, subsection (1) does not apply for an annual general meeting if, on the day the annual general meeting is held, there are— only 2 lots included in the community titles scheme, and the 2 lots are in identical ownership; or only 2 lots included in the scheme, and the 2 lots are in different ownership; or 3 or more lots included in the scheme, and all the lots are in identical ownership; or 3 or more lots included in the scheme, and there are only 2 different owners for all the lots; or 3 or more lots included in the scheme, and there are only 3 different owners for all the lots. If subsection (3) (a) or (c) applies, the committee is a committee of 1 consisting of the individual who is the owner, or the nominee of the owner, of the lots, and the individual holds all the executive positions on the committee. If subsection (3) (b) or (d) applies, the committee consists of 2 individuals who are the owners, or the nominees of the owners, of the lots, and they must decide between themselves which of the executive member positions of the committee each is to hold and, if they can not agree, the positions of the executive members are jointly held by both of them. If subsection (3) (e) applies, the committee consists of 3 individuals who are the owners, or the nominees of the owners, of lots, and they must decide between themselves which of the executive member positions of the committee each is to hold and, if they can not agree, the positions of the executive members are jointly held by each of them. Subsections (4) , (5) and (6) do not apply to the scheme if, at an annual general meeting, the body corporate engages under part 5 a body corporate manager to carry out the functions of a committee and each executive member of a committee. A committee mentioned in subsection (4) , (5) or (6) is a minor committee . (sec.13-ssec.1) The members of the committee must be chosen at each annual general meeting of the body corporate. (sec.13-ssec.2) Also, members of the committee may be chosen other than at an annual general meeting if they are appointed under subdivision 8 or division 3 , subdivision 2 . (sec.13-ssec.3) However, subsection (1) does not apply for an annual general meeting if, on the day the annual general meeting is held, there are— only 2 lots included in the community titles scheme, and the 2 lots are in identical ownership; or only 2 lots included in the scheme, and the 2 lots are in different ownership; or 3 or more lots included in the scheme, and all the lots are in identical ownership; or 3 or more lots included in the scheme, and there are only 2 different owners for all the lots; or 3 or more lots included in the scheme, and there are only 3 different owners for all the lots. (sec.13-ssec.4) If subsection (3) (a) or (c) applies, the committee is a committee of 1 consisting of the individual who is the owner, or the nominee of the owner, of the lots, and the individual holds all the executive positions on the committee. (sec.13
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