sec.29First annual general meeting of body corporate

### sec.29 First annual general meeting of body corporate Within 3 months after the registration of the plan, the original proprietor, whether or not the original proprietor is a proprietor at the time the original proprietor does so, shall, in accordance with schedule 2 , part 1 convene a meeting of the body corporate which shall be held within that period. Maximum penalty—50 penalty units. The agenda for a meeting convened under subsection (1) shall consist of the following items— to decide whether insurances effected by the body corporate should be confirmed, varied or extended or if not effected what insurances should be effected; to decide whether any amounts determined under section 38A (1) , (2) or (4) should be confirmed or varied or if not determined what amounts should be determined; where there are more than 3 proprietors—to determine the number of members of the committee; to elect the chairperson, secretary and treasurer of the body corporate and other members of the committee; to decide what matters (if any) shall be restricted matters for the purposes of section 46 ; to decide whether the by-laws in force immediately before the holding of the meeting should be amended, added to or repealed; to decide whether a body corporate manager should be appointed under section 50 by the body corporate and, if a body corporate manager is to be appointed, which powers, authorities, duties or functions of the body corporate should be delegated to the manager; to decide whether to appoint a person to audit the books and accounts of the body corporate; such other matters as may be raised at the meeting. For subsection (2) (h) , only a qualified auditor may be appointed to audit the books and accounts of the body corporate. The agenda for a meeting convened under subsection (1) may include as an item that the body corporate resolve that the accounts of the body corporate shall not be audited. If the body corporate so resolves, the item on the agenda referred to in subsection (2) (h) shall not be proceeded with. Nothing in subsections (2A) and (2B) shall prevent a body corporate resolving in general meeting that the accounts of the body corporate relating to any period specified in the resolution shall be audited. The meeting held under subsection (1) shall be the first annual general meeting of the body corporate and at such meeting a chairperson, secretary and treasurer shall be elected. However, a person may be elected to 1 or more of those offices. An original proprietor shall not fail or neglect to deliver to the body corporate at its first annual general meeting— all plans, specifications, drawings showing water pipes, electric cables, drainage, ventilation ducts or air-conditioning systems, certificates (other than certificates of title for lots), diagrams (including lift wiring diagrams) and other documents (including policies of insurance) obtained or received by the original proprietor and relating to the parcel or building; and if they are in the original proprietor’s possession or under the original proprietor’s control—the roll, books of account and any notices or other records relating to the plan; and the budget showing the estimated expenditure of the body corporate in relation to the parcel on an annual basis; other than documents which exclusively evidence rights or obligations of the original proprietor and which are not capable of being used for the benefit of the body corporate or any of the proprietors, other than the original proprietor. Maximum penalty—50 penalty units. Schedule 2 , part 1 applies to and in respect of the first annual general meeting of the body corporate and voting at that meeting. If a meeting of the body corporate is not convened and held in accordance with subsections (1) and (2) , a referee may, pursuant to an application by the body corporate, a proprietor or a mortgagee of a lot, appoint by order a person to convene a meeting of the body corporate within such time as may be specified in the order and the meeting convened by that person shall be held within that period and shall, for the purposes of subsection (3) , be deemed to be the meeting convened under subsection (1) . An order made under subsection (6) may include such ancillary or consequential provisions as the referee thinks fit. Notwithstanding schedule 2 , where an order made under subsection (6) so provides— the person appointed to convene a meeting of a body corporate by the order shall preside at the meeting and, while the person so presides, shall be deemed to be the chairperson of the body corporate; and notice of that meeting may be given in the manner specified in the order. An original proprietor who has failed to convene a meeting of the body corporate in accordance with subsection (1) remains liable to the penalty provided by that subsection notwithstanding that an order has been made under subsection (6) or that a meeting has been convened pursuant to any such order. s 29 amd 1988 No. 23 ss 16 , 84 ; 1990 No. 87 s 10 ; 2005 No. 14 s 2 sch (sec.29-ssec.1) Within 3 months after the registration of the plan, the original proprietor, whether or not the original proprietor is a proprietor at the time the original proprietor does so, shall, in accordance with schedule 2 , part 1 convene a meeting of the body corporate which shall be held within that period. Maximum penalty—50 penalty units. (sec.29-ssec.2) The agenda for a meeting convened under subsection (1) shall consist of the following items— to decide whether insurances effected by the body corporate should be confirmed, varied or extended or if not effected what insurances should be effected; to decide whether any amounts determined under section 38A (1) , (2) or (4) should be confirmed or varied or if not determined what amounts should be determined; where there are more than 3 proprietors—to determine the number of members of the committee; to elect the chairperson, secretary and treasurer of the body corporate and other members of the committee; to decide what matters (if any) shall be restricted matters for the purposes of section 46 ; to decide whether the by-laws in force immediately before the holding of the meeting should be amended, added to or repealed; to decide whether a body corporate manager should be appointed under section 50 by the body corporate and, if a body corporate manager is to be appointed, which powers, authorities, duties or functions of the body corporate should be delegated to the manager; to decide whether to appoint a person to audit the books and accounts of the body corporate; such other matters as may be raised at the meeting. (sec.29-ssec.2AA) For subsection (2) (h) , only a qualified auditor may be appointed to audit the books and accounts of the body corporate. (sec.29-ssec.2A) The agenda for a meeting convened under subsection (1) may include as an item that the body corporate resolve that the accounts of the body corporate shall not be audited. (sec.29-ssec.2B) If the body corporate so resolves, the item on the agenda referred to in subsection (2) (h) shall not be proceeded with. (sec.29-ssec.2C) Nothing in subsections (2A) and (2B) shall prevent a body corporate resolving in general meeting that the accounts of the body corporate relating to any period specified in the resolution shall be audited. (sec.29-ssec.3) The meeting held under subsection (1) shall be the first annual general meeting of the body corporate and at such meeting a chairperson, secretary and treasurer shall be elected. (sec.29-ssec.3A) However, a person may be elected to 1 or more of those offices. (sec.29-ssec.4) An original proprietor shall not fail or neglect to deliver to the body corporate at its first annual general meeting— all plans, specifications, drawings showing water pipes, electric cables, drainage, ventilation ducts or air-conditioning systems, certificates (other than certificates of title for lots), diagrams (including lift wiring diagrams) and other documents (including policies of insurance) obtained or received by the original proprietor and relating to the parcel or building; and if they are in the original proprietor’s possession or under the original proprietor’s control—the roll, books of account and any notices or other records relating to the plan; and the budget showing the estimated expenditure of the body corporate in relation to the parcel on an annual basis; other than documents which exclusively evidence rights or obligations of the original proprietor and which are not capable of being used for the benefit of the body corporate or any of the proprietors, other than the original proprietor. Maximum penalty—50 penalty units. (sec.29-ssec.5) Schedule 2 , part 1 applies to and in respect of the first annual general meeting of the body corporate and voting at that meeting. (sec.29-ssec.6) If a meeting of the body corporate is not convened and held in accordance with subsections (1) and (2) , a referee may, pursuant to an application by the body corporate, a proprietor or a mortgagee of a lot, appoint by order a person to convene a meeting of the body corporate within such time as may be specified in the order and the meeting convened by that person shall be held within that period and shall, for the purposes of subsection (3) , be deemed to be the meeting convened under subsection (1) . (sec.29-ssec.8) An order made under subsection (6) may include such ancillary or consequential provisions as the referee thinks fit. (sec.29-ssec.9) Notwithstanding schedule 2 , where an order made under subsection (6) so provides— the person appointed to convene a meeting of a body corporate by the order shall preside at the meeting and, while the person so presides, shall be deemed to be the chairperson of the body corporate; and notice of that meeting may be given in the manner specified in the order. (sec.29-ssec.10) An original proprietor who has failed to convene a meeting of the body corporate in accordance with subsection (1) remains liable to the penalty provided by that subsection notwithstanding that an order has been made under subsection (6) or that a meeting has been convened pursuant to any such order. - (a) to decide whether insurances effected by the body corporate should be confirmed, varied or extended or if not effected what insurances should be effected; - (b) to decide whether any amounts determined under section 38A (1) , (2) or (4) should be confirmed or varied or if not determined what amounts should be determined; - (c) where there are more than 3 proprietors—to determine the number of members of the committee; - (d) to elect the chairperson, secretary and treasurer of the body corporate and other members of the committee; - (e) to decide what matters (if any) shall be restricted matters for the purposes of section 46 ; - (f) to decide whether the by-laws in force immediately before the holding of the meeting should be amended, added to or repealed; - (g) to decide whether a body corporate manager should be appointed under section 50 by the body corporate and, if a body corporate manager is to be appointed, which powers, authorities, duties or functions of the body corporate should be delegated to the manager; - (h) to decide whether to appoint a person to audit the books and accounts of the body corporate; - (i) such other matters as may be raised at the meeting. - (a) all plans, specifications, drawings showing water pipes, electric cables, drainage, ventilation ducts or air-conditioning systems, certificates (other than certificates of title for lots), diagrams (including lift wiring diagrams) and other documents (including policies of insurance) obtained or received by the original proprietor and relating to the parcel or building; and - (b) if they are in the original proprietor’s possession or under the original proprietor’s control—the roll, books of account and any notices or other records relating to the plan; and - (c) the budget showing the estimated expenditure of the body corporate in relation to the parcel on an annual basis; - (a) the person appointed to convene a meeting of a body corporate by the order shall preside at the meeting and, while the person so presides, shall be deemed to be the chairperson of the body corporate; and - (b) notice of that meeting may be given in the manner specified in the order.