This regulation sets out practical rules for bodies corporate in building‑unit and group‑title schemes: how plans and conversion notices must be lodged and marked (s5–6), what must be included in a body corporate certificate (s10A), prescribed monetary thresholds (insurance $10m; committee expenditure $200) and a formula for improvement costs (s13, s12, s9), record‑keeping times (s10), and fees and priority‑service rules including refunds (s15, s16A). It affects proprietors, bodies corporate, registrars and referees by prescribing compliance steps, fees payable and election procedures (schedules 1–2).
The Building Units and Group Titles Regulation 2008 prescribes procedural, administrative and monetary details needed to operate bodies corporate created under the Act. Mechanically, the regulation does the following things:
Sets documentary and format requirements for registration of “relevant documents” (plans, plans of amalgamation and notices of conversion) by requiring use of approved forms and conformity with directions of the registrar of titles (s 5). It imposes a duty on the registrar to annotate and chart the original plan when a plan of amalgamation, plan of resubdivision or notice of conversion is registered (s 6).
Provides detailed nomination and election procedures for bodies corporate’ committees, broken into two procedural tracks: Schedule 1 (applies to first annual general meetings and particular meetings specified in s 7) and Schedule 2 (applies to second and subsequent annual general meetings per s 8). Those schedules specify who calls for nominations, notice periods, ballot forms, secret versus open ballot procedure, envelope handling, counting rules and tie-breaking by chance (Schedules 1 and 2, multiple provisions).
Prescribes monetary thresholds and limits that the Act requires be set by regulation: a formula for the prescribed amount for improvements to common property under s 37(2)(g)(i) of the Act , PA = 2,000 × L, where L is the number of lots on the plan (s 9); a prescribed committee expenditure threshold of $200 for s 47(1) of the Act (s 12); and a prescribed amount of insurance cover of $10 million under s 56(2) of the Act (s 13).
Sets retention periods: minutes must be kept until the plan that incorporated the body corporate is extinguished under s 25(1) of the Act; books of account must be kept for six years after adoption of a statement of accounts (s 10).
Current sections
Direct links to the current provisions in Building Units and Group Titles Regulation 2008.
64
pt.1
Preliminary
Preliminary
sec.1
Short title
sec.1 Short title
This regulation may be cited as the Building Units and Group Titles Regulation 2008 .
sec.2
Commencement
sec.2 Commencement
This regulation commences 1 September 2008.
sec.3
Definitions
sec.3 Definitions
In this regulation—
annual general meeting means an annual general meeting under section 29A (1) of the Act .
approved form ...
s 3 def approved form om 2021 Act No. 12 s 148 sch 3
books of account means the books of account required to be kept by a body corporate under section 38D (1) (b) of the Act .
notice of conversion means a notice of conversion under section 12 of the Act .
other committee member , of a body corporate, means a member of the committee, other than the chairperson, secretary or treasurer of the committee.
plan of amalgamation means a plan of amalgamation under section 11 of the Act .
plan of resubdivision means a plan of resubdivision under section 10 of the Act .
registrar ...
s 3 def registrar om 2021 Act No. 12 s 148 sch 3
statement of accounts means a statement of accounts required to be prepared by a body corporate under section 38D (1) (c) of the Act .
pt.2
Registration requirements
Registration requirements
sec.4
Section sec.4
s 4 om 2021 Act No. 12 s 148 sch 3
sec.5
Requirements for registration of relevant documents
sec.5 Requirements for registration of relevant documents
A relevant document must be—
in the approved form; and
in conformity with directions of the registrar of titles about the required format for a relevant document.
In this section—
relevant document means—
a plan; or
a plan of amalgamation; or
a notice of conversion.
s 5 amd 2021 Act No. 12 s 148 sch 3
(sec.5-ssec.1) A relevant document must be— in the approved form; and in conformity with directions of the registrar of titles about the required format for a relevant document.
(sec.5-ssec.2) In this section— relevant document means— a plan; or a plan of amalgamation; or a notice of conversion.
(a) in the approved form; and
(b) in conformity with directions of the registrar of titles about the required format for a relevant document.
(a) a plan; or
(b) a plan of amalgamation; or
(c) a notice of conversion.
sec.6
Notification of registration of plans by registrar of titles
sec.6 Notification of registration of plans by registrar of titles
The registrar of titles must make appropriate notification of the registration of a plan of amalgamation, plan of resubdivision or notice of conversion on the original plan for the plan of amalgamation, plan of resubdivision or notice of conversion (the original plan ).
Without limiting subsection (1) , the registrar of titles must—
chart the effect of registration on the diagram illustrating the lots, common property, or lots and common property, the subject of the original plan; and
for a plan of amalgamation—amend the schedule of lot entitlements to record the effect of registration.
s 6 amd 2021 Act No. 12 s 148 sch 3
(sec.6-ssec.1) The registrar of titles must make appropriate notification of the registration of a plan of amalgamation, plan of resubdivision or notice of conversion on the original plan for the plan of amalgamation, plan of resubdivision or notice of conversion (the original plan ).
(sec.6-ssec.2) Without limiting subsection (1) , the registrar of titles must— chart the effect of registration on the diagram illustrating the lots, common property, or lots and common property, the subject of the original plan; and for a plan of amalgamation—amend the schedule of lot entitlements to record the effect of registration.
(a) chart the effect of registration on the diagram illustrating the lots, common property, or lots and common property, the subject of the original plan; and
(b) for a plan of amalgamation—amend the schedule of lot entitlements to record the effect of registration.
pt.3
Nominations and elections
Nominations and elections
sec.7
Nominations and elections at first annual general meeting and other particular meetings
sec.7 Nominations and elections at first annual general meeting and other particular meetings
This section applies to the nomination and election of a chairperson, secretary, treasurer and other committee members of a body corporate—
at the body corporate’s first annual general meeting under section 29 (1) of the Act ; or
at an annual general meeting of the body corporate if, because of a resolution of the body corporate under section 41 (1) of the Act or a referee’s order under section 41 (4) or (4A) of the Act —
schedule 2 , part 2 , section 1 (4) (d) , (5) , (6) , (7) or (10) , 4 (b) , 5 (b) , 6 or 8 of the Act does not apply to the body corporate; or
schedule 4 , section 10 (f) of the Act does not apply to the body corporate; or
at an extraordinary general meeting of the body corporate under section 42 (5) (a) (i) of the Act ; or
at a meeting of the body corporate under section 43 (3) of the Act .
Schedule 1 applies to the nomination and election.
(sec.7-ssec.1) This section applies to the nomination and election of a chairperson, secretary, treasurer and other committee members of a body corporate— at the body corporate’s first annual general meeting under section 29 (1) of the Act ; or at an annual general meeting of the body corporate if, because of a resolution of the body corporate under section 41 (1) of the Act or a referee’s order under section 41 (4) or (4A) of the Act — schedule 2 , part 2 , section 1 (4) (d) , (5) , (6) , (7) or (10) , 4 (b) , 5 (b) , 6 or 8 of the Act does not apply to the body corporate; or schedule 4 , section 10 (f) of the Act does not apply to the body corporate; or at an extraordinary general meeting of the body corporate under section 42 (5) (a) (i) of the Act ; or at a meeting of the body corporate under section 43 (3) of the Act .
(sec.7-ssec.2) Schedule 1 applies to the nomination and election.
(a) at the body corporate’s first annual general meeting under section 29 (1) of the Act ; or
(b) at an annual general meeting of the body corporate if, because of a resolution of the body corporate under section 41 (1) of the Act or a referee’s order under section 41 (4) or (4A) of the Act — (i) schedule 2 , part 2 , section 1 (4) (d) , (5) , (6) , (7) or (10) , 4 (b) , 5 (b) , 6 or 8 of the Act does not apply to the body corporate; or (ii) schedule 4 , section 10 (f) of the Act does not apply to the body corporate; or
(i) schedule 2 , part 2 , section 1 (4) (d) , (5) , (6) , (7) or (10) , 4 (b) , 5 (b) , 6 or 8 of the Act does not apply to the body corporate; or
(ii) schedule 4 , section 10 (f) of the Act does not apply to the body corporate; or
(c) at an extraordinary general meeting of the body corporate under section 42 (5) (a) (i) of the Act ; or
(d) at a meeting of the body corporate under section 43 (3) of the Act .
(i) schedule 2 , part 2 , section 1 (4) (d) , (5) , (6) , (7) or (10) , 4 (b) , 5 (b) , 6 or 8 of the Act does not apply to the body corporate; or
(ii) schedule 4 , section 10 (f) of the Act does not apply to the body corporate; or
sec.8
Nominations at second or subsequent annual general meetings
sec.8 Nominations at second or subsequent annual general meetings
This section applies to the nomination and election of a chairperson, secretary, treasurer and other committee members of a body corporate at an annual general meeting of the body corporate other than an annual general meeting mentioned in section 7 (1) (a) or (b) .
Schedule 2 applies to the nomination and election.
(sec.8-ssec.1) This section applies to the nomination and election of a chairperson, secretary, treasurer and other committee members of a body corporate at an annual general meeting of the body corporate other than an annual general meeting mentioned in section 7 (1) (a) or (b) .
(sec.8-ssec.2) Schedule 2 applies to the nomination and election.
pt.4
Miscellaneous
Miscellaneous
sec.9
Cost of improvements— Act , s 37 (2) (g) (i)
sec.9 Cost of improvements— Act , s 37 (2) (g) (i)
For section 37 (2) (g) (i) of the Act , the prescribed amount, for the cost of improvements made to common property, is the amount worked out by using the formula—
$PA = 2,000 x L
where—
L means the number of lots the subject of the plan that includes the common property.
PA means the prescribed amount in dollars.
sec.10
Retaining records— Act , s 38D (1) (b)
sec.10 Retaining records— Act , s 38D (1) (b)
For section 38D (1) (b) of the Act , the prescribed time is—
for minutes of meetings of a body corporate—until the day the plan whose registration incorporated the body corporate is extinguished under section 25 (1) of the Act ; and
for books of account of a body corporate—6 years after the day a statement of accounts prepared from the books of account is adopted by a general meeting of the body corporate.
(a) for minutes of meetings of a body corporate—until the day the plan whose registration incorporated the body corporate is extinguished under section 25 (1) of the Act ; and
(b) for books of account of a body corporate—6 years after the day a statement of accounts prepared from the books of account is adopted by a general meeting of the body corporate.
sec.10A
Matters that must be included in approved form for body corporate certificate— Act , s 40AA
sec.10A Matters that must be included in approved form for body corporate certificate— Act , s 40AA
For section 40AA (5) (a) of the Act , the following matters relating to a lot are prescribed—
details of the lot, including—
whether the lot is shown on a building units plan or a group titles plan; and
the lot number and plan number;
details of the plan, including—
the name of the building or parcel endorsed on the plan; and
the number of the plan; and
the specified Act that applies in relation to the plan;
the name and contact details of the secretary of the body corporate;
the name and contact details of any body corporate manager for the body corporate;
amounts associated with ownership of the lot that are payable to the body corporate, including amounts payable under a by-law made under section 30 (7) of the Act ;
contributions determined by the body corporate under section 38A (1) , (2) , (3) and (5) of the Act ;
an amount determined under section 38A (4) of the Act ;
any unpaid amount of—
an amount payable under a by-law made under section 30 (7) of the Act ; or
an amount recoverable under section 33 (3) or (4) of the Act ; or
a contribution levied under section 38B of the Act ; or
a contribution levied under section 124 (2) of the Act ; or
another amount associated with ownership of the lot that is payable to the body corporate;
the lot entitlement of every lot the subject of the plan;
the aggregate lot entitlement for the plan;
any arrangement entered into between the body corporate and another entity for the conduct of a business by the entity of letting lots on behalf of proprietors;
any arrangement that—
is entered into between the body corporate and an entity who has entered into an arrangement mentioned in paragraph (k) ; and
is for the entity to carry out maintenance and repair for which the body corporate is responsible;
the by-laws in force for the plan;
the body corporate’s sinking fund balance;
the insurance held by the body corporate;
the most recent statement of accounts prepared under section 38D (1) (c) of the Act ;
any arrangement to supply electricity to proprietors of lots or occupiers of lots through an embedded electricity network;
improvements in or on the common property for which a person will become responsible under section 37A (2) of the Act for properly maintaining and keeping in a state of good and serviceable repair if the person becomes the proprietor of the lot;
personal property vested in the body corporate.
The approved form may include provision for the following documents to be given with the form—
a document stating the details of each insurance policy held by the body corporate;
a document setting out the by-laws mentioned in subsection (1) (m) in consolidated form;
a copy of the statement of accounts mentioned in subsection (1) (p) .
In this section—
specified Act see section 5A (3) of the Act .
s 10A ins 2024 SL No. 210 s 24
(sec.10A-ssec.1) For section 40AA (5) (a) of the Act , the following matters relating to a lot are prescribed— details of the lot, including— whether the lot is shown on a building units plan or a group titles plan; and the lot number and plan number; details of the plan, including— the name of the building or parcel endorsed on the plan; and the number of the plan; and the specified Act that applies in relation to the plan; the name and contact details of the secretary of the body corporate; the name and contact details of any body corporate manager for the body corporate; amounts associated with ownership of the lot that are payable to the body corporate, including amounts payable under a by-law made under section 30 (7) of the Act ; contributions determined by the body corporate under section 38A (1) , (2) , (3) and (5) of the Act ; an amount determined under section 38A (4) of the Act ; any unpaid amount of— an amount payable under a by-law made under section 30 (7) of the Act ; or an amount recoverable under section 33 (3) or (4) of the Act ; or a contribution levied under section 38B of the Act ; or a contribution levied under section 124 (2) of the Act ; or another amount associated with ownership of the lot that is payable to the body corporate; the lot entitlement of every lot the subject of the plan; the aggregate lot entitlement for the plan; any arrangement entered into between the body corporate and another entity for the conduct of a business by the entity of letting lots on behalf of proprietors; any arrangement that— is entered into between the body corporate and an entity who has entered into an arrangement mentioned in paragraph (k) ; and is for the entity to carry out maintenance and repair for which the body corporate is responsible; the by-laws in force for the plan; the body corporate’s sinking fund balance; the insurance held by the body corporate; the most recent statement of accounts prepared under section 38D (1) (c) of the Act ; any arrangement to supply electricity to proprietors of lots or occupiers of lots through an embedded electricity network; improvements in or on the common property for which a person will become responsible under section 37A (2) of the Act for properly maintaining and keeping in a state of good and serviceable repair if the person becomes the proprietor of the lot; personal property vested in the body corporate.
(sec.10A-ssec.2) The approved form may include provision for the following documents to be given with the form— a document stating the details of each insurance policy held by the body corporate; a document setting out the by-laws mentioned in subsection (1) (m) in consolidated form; a copy of the statement of accounts mentioned in subsection (1) (p) .
(sec.10A-ssec.3) In this section— specified Act see section 5A (3) of the Act .
(a) details of the lot, including— (i) whether the lot is shown on a building units plan or a group titles plan; and (ii) the lot number and plan number;
(i) whether the lot is shown on a building units plan or a group titles plan; and
(ii) the lot number and plan number;
(b) details of the plan, including— (i) the name of the building or parcel endorsed on the plan; and (ii) the number of the plan; and (iii) the specified Act that applies in relation to the plan;
(i) the name of the building or parcel endorsed on the plan; and
(ii) the number of the plan; and
(iii) the specified Act that applies in relation to the plan;
(c) the name and contact details of the secretary of the body corporate;
(d) the name and contact details of any body corporate manager for the body corporate;
(e) amounts associated with ownership of the lot that are payable to the body corporate, including amounts payable under a by-law made under section 30 (7) of the Act ;
(f) contributions determined by the body corporate under section 38A (1) , (2) , (3) and (5) of the Act ;
(g) an amount determined under section 38A (4) of the Act ;
(h) any unpaid amount of— (i) an amount payable under a by-law made under section 30 (7) of the Act ; or (ii) an amount recoverable under section 33 (3) or (4) of the Act ; or (iii) a contribution levied under section 38B of the Act ; or (iv) a contribution levied under section 124 (2) of the Act ; or (v) another amount associated with ownership of the lot that is payable to the body corporate;
(i) an amount payable under a by-law made under section 30 (7) of the Act ; or
(ii) an amount recoverable under section 33 (3) or (4) of the Act ; or
(iii) a contribution levied under section 38B of the Act ; or
(iv) a contribution levied under section 124 (2) of the Act ; or
(v) another amount associated with ownership of the lot that is payable to the body corporate;
(i) the lot entitlement of every lot the subject of the plan;
(j) the aggregate lot entitlement for the plan;
(k) any arrangement entered into between the body corporate and another entity for the conduct of a business by the entity of letting lots on behalf of proprietors;
(l) any arrangement that— (i) is entered into between the body corporate and an entity who has entered into an arrangement mentioned in paragraph (k) ; and (ii) is for the entity to carry out maintenance and repair for which the body corporate is responsible;
(i) is entered into between the body corporate and an entity who has entered into an arrangement mentioned in paragraph (k) ; and
(ii) is for the entity to carry out maintenance and repair for which the body corporate is responsible;
(m) the by-laws in force for the plan;
(n) the body corporate’s sinking fund balance;
(o) the insurance held by the body corporate;
(p) the most recent statement of accounts prepared under section 38D (1) (c) of the Act ;
(q) any arrangement to supply electricity to proprietors of lots or occupiers of lots through an embedded electricity network;
(r) improvements in or on the common property for which a person will become responsible under section 37A (2) of the Act for properly maintaining and keeping in a state of good and serviceable repair if the person becomes the proprietor of the lot;
(s) personal property vested in the body corporate.
(i) whether the lot is shown on a building units plan or a group titles plan; and
(ii) the lot number and plan number;
(i) the name of the building or parcel endorsed on the plan; and
(ii) the number of the plan; and
(iii) the specified Act that applies in relation to the plan;
(i) an amount payable under a by-law made under section 30 (7) of the Act ; or
(ii) an amount recoverable under section 33 (3) or (4) of the Act ; or
(iii) a contribution levied under section 38B of the Act ; or
(iv) a contribution levied under section 124 (2) of the Act ; or
(v) another amount associated with ownership of the lot that is payable to the body corporate;
(i) is entered into between the body corporate and an entity who has entered into an arrangement mentioned in paragraph (k) ; and
(ii) is for the entity to carry out maintenance and repair for which the body corporate is responsible;
(a) a document stating the details of each insurance policy held by the body corporate;
(b) a document setting out the by-laws mentioned in subsection (1) (m) in consolidated form;
(c) a copy of the statement of accounts mentioned in subsection (1) (p) .
sec.11
Ground for application for exemption— Act , s 41 (2)
sec.11 Ground for application for exemption— Act , s 41 (2)
The prescribed ground on which a body corporate may make an application under section 41 (2) of the Act is that the body corporate has received written notice from each proprietor entitled to vote, but not voting, on a resolution under section 41 (2) of the Act that the resolution is not opposed.
sec.12
Restriction on expenditure by committee— Act , s 47 (1)
sec.12 Restriction on expenditure by committee— Act , s 47 (1)
For section 47 (1) of the Act , the prescribed amount is $200.
sec.13
Amount of insurance cover— Act , s 56 (2)
sec.13 Amount of insurance cover— Act , s 56 (2)
For section 56 (2) of the Act , the prescribed amount of cover is $10m.
s 13 amd 2015 SL No. 146 s 4
sec.14
Classes of order— Act , s 117 (a) (ii)
sec.14 Classes of order— Act , s 117 (a) (ii)
For section 117 (a) (ii) of the Act , an order is of a prescribed class if the order is made by a referee about—
a body corporate; or
a committee; or
a proprietor or occupier of a lot about which an inquiry under section 117 of the Act is made; or
a proprietor or occupier of a lot other than a proprietor or occupier mentioned in paragraph (c) if the order is made no more than 12 months before the relevant inquiry under section 117 of the Act is made.
(a) a body corporate; or
(b) a committee; or
(c) a proprietor or occupier of a lot about which an inquiry under section 117 of the Act is made; or
(d) a proprietor or occupier of a lot other than a proprietor or occupier mentioned in paragraph (c) if the order is made no more than 12 months before the relevant inquiry under section 117 of the Act is made.
pt.5
Fees
Fees
sec.15
Fees
sec.15 Fees
The fees payable under the Act to the referee or tribunal are stated in schedule 3 , part 1 .
The fees payable under the Act to a body corporate are stated in schedule 3 , part 2 .
s 15 amd 2020 SL No. 143 s 24; 2021 Act No. 12 s 148 sch 3 ; 2022 SL No. 79 s 29
(sec.15-ssec.1) The fees payable under the Act to the referee or tribunal are stated in schedule 3 , part 1 .
(sec.15-ssec.2) The fees payable under the Act to a body corporate are stated in schedule 3 , part 2 .
sec.15A
Rounding of amounts expressed as numbers of fee units
sec.15A Rounding of amounts expressed as numbers of fee units
This section applies for working out the amount of a fee expressed in this regulation as a number of fee units.
For the purpose of the Acts Interpretation Act 1954 , section 48C (3) , the amount is to be rounded—
if the result is not more than $100—to the nearest multiple of 5 cents (rounding one-half upwards); or
if the result is more than $100 but not more than $1,000—to the nearest multiple of 10 cents (rounding one-half upwards).
If a fee were 35 fee units and the value of a fee unit were $1.015, the number of dollars obtained by multiplying 35 by $1.015 would be $35.525. Because $35.525 is halfway between $35.50 and $35.55, it is rounded upwards, so the amount of the fee would be $35.55.
s 15A ins 2022 SL No. 79 s 30
(sec.15A-ssec.1) This section applies for working out the amount of a fee expressed in this regulation as a number of fee units.
(sec.15A-ssec.2) For the purpose of the Acts Interpretation Act 1954 , section 48C (3) , the amount is to be rounded— if the result is not more than $100—to the nearest multiple of 5 cents (rounding one-half upwards); or if the result is more than $100 but not more than $1,000—to the nearest multiple of 10 cents (rounding one-half upwards). If a fee were 35 fee units and the value of a fee unit were $1.015, the number of dollars obtained by multiplying 35 by $1.015 would be $35.525. Because $35.525 is halfway between $35.50 and $35.55, it is rounded upwards, so the amount of the fee would be $35.55.
(a) if the result is not more than $100—to the nearest multiple of 5 cents (rounding one-half upwards); or
(b) if the result is more than $100 but not more than $1,000—to the nearest multiple of 10 cents (rounding one-half upwards).
sec.16
Remission of referee’s fees
sec.16 Remission of referee’s fees
The referee may excuse a person from paying a fee, or part of a fee, payable to the referee.
However, the referee may act under subsection (1) only if the referee is satisfied the person is suffering financial hardship.
s 16 amd 2022 SL No. 43 s 3
(sec.16-ssec.1) The referee may excuse a person from paying a fee, or part of a fee, payable to the referee.
(sec.16-ssec.2) However, the referee may act under subsection (1) only if the referee is satisfied the person is suffering financial hardship.
sec.16A
Priority requests for body corporate certificates
sec.16A Priority requests for body corporate certificates
A request for a body corporate certificate under section 40AA (1) of the Act may include a request for the certificate to be given within 24 hours.
A request for a body corporate certificate that includes a request made under subsection (1) must be accompanied by the priority fee prescribed in schedule 3 , part 2 .
The priority fee payable under subsection (2) must be refunded if the requested body corporate certificate is not given within 24 hours.
s 16A prev s 16A ins 2020 SL No. 250 s 28
amd 2020 Act No. 38 s 38 (1)
om 2022 SL No. 43 s 4
pres s 16A ins 2025 SL No. 50 s 29
(sec.16A-ssec.1) A request for a body corporate certificate under section 40AA (1) of the Act may include a request for the certificate to be given within 24 hours.
(sec.16A-ssec.2) A request for a body corporate certificate that includes a request made under subsection (1) must be accompanied by the priority fee prescribed in schedule 3 , part 2 .
(sec.16A-ssec.3) The priority fee payable under subsection (2) must be refunded if the requested body corporate certificate is not given within 24 hours.
pt.6
Repeal
Repeal
sec.17
Repeal
sec.17 Repeal
The Building Units and Group Titles Regulation 1998 , SL No. 189 is repealed.
pt.7
Transitional provision
Transitional provision
sec.18
Transitional provision for forms approved under repealed regulation
sec.18 Transitional provision for forms approved under repealed regulation
This section applies to any forms that have been approved under section 3 of the repealed regulation.
The forms are taken to be forms approved under section 4 of this regulation.
In this section—
repealed regulation means the Building Units and Group Titles Regulation 1998 .
s 18 amd 2009 SL No. 157 s 4
(sec.18-ssec.1) This section applies to any forms that have been approved under section 3 of the repealed regulation.
(sec.18-ssec.2) The forms are taken to be forms approved under section 4 of this regulation.
(sec.18-ssec.3) In this section— repealed regulation means the Building Units and Group Titles Regulation 1998 .
sch.1-pt.1
Nominations
Nominations
sch.1-sec.1
Preliminary decisions
sch.1-sec.1 Preliminary decisions
The meeting must decide—
if there are more than 3 proprietors, the number of other members required to make up a committee as required by section 42 (4) of the Act ; and
If there are not more than 3 proprietors, section 42 (3) of the Act applies to the constitution of the committee.
if the election of the committee will be by open ballot.
Section 42 (15) of the Act provides for the election of the members of a committee and the chairperson, secretary and treasurer of a body corporate to be by secret ballot unless the body corporate otherwise resolves.
(a) if there are more than 3 proprietors, the number of other members required to make up a committee as required by section 42 (4) of the Act ; and Note— If there are not more than 3 proprietors, section 42 (3) of the Act applies to the constitution of the committee.
(b) if the election of the committee will be by open ballot. Note— Section 42 (15) of the Act provides for the election of the members of a committee and the chairperson, secretary and treasurer of a body corporate to be by secret ballot unless the body corporate otherwise resolves.
sch.1-sec.2
Chairperson to call for nominations
sch.1-sec.2 Chairperson to call for nominations
The chairperson must call upon those present and entitled to nominate candidates for election as chairperson, secretary, treasurer and other committee members of the body corporate to nominate candidates.
sch.1-sec.3
Consent for effective nominations
sch.1-sec.3 Consent for effective nominations
A nomination under section 2 has no effect unless—
the nominee’s written consent is given to the chairperson before, or at, the meeting; or
the nominee’s verbal consent is given to the chairperson at the meeting.
(a) the nominee’s written consent is given to the chairperson before, or at, the meeting; or
(b) the nominee’s verbal consent is given to the chairperson at the meeting.
sch.1-sec.4
Sole nominees for election as chairperson, secretary or treasurer
sch.1-sec.4 Sole nominees for election as chairperson, secretary or treasurer
If there is only 1 nominee for election as chairperson, the nominee is taken to be elected as chairperson.
If there is only 1 nominee for election as secretary, the nominee is taken to be elected as secretary.
If there is only 1 nominee for election as treasurer, the nominee is taken to be elected as treasurer.
(sch.1-sec.4-ssec.1) If there is only 1 nominee for election as chairperson, the nominee is taken to be elected as chairperson.
(sch.1-sec.4-ssec.2) If there is only 1 nominee for election as secretary, the nominee is taken to be elected as secretary.
(sch.1-sec.4-ssec.3) If there is only 1 nominee for election as treasurer, the nominee is taken to be elected as treasurer.
sch.1-sec.5
Multiple nominees for election as chairperson, secretary or treasurer
sch.1-sec.5 Multiple nominees for election as chairperson, secretary or treasurer
If there are 2 or more nominees for election as chairperson, the election of the chairperson must be by ballot.
If there are 2 or more nominees for election as secretary, the election of the secretary must be by ballot.
If there are 2 or more nominees for election as treasurer, the election of the treasurer must be by ballot.
(sch.1-sec.5-ssec.1) If there are 2 or more nominees for election as chairperson, the election of the chairperson must be by ballot.
(sch.1-sec.5-ssec.2) If there are 2 or more nominees for election as secretary, the election of the secretary must be by ballot.
(sch.1-sec.5-ssec.3) If there are 2 or more nominees for election as treasurer, the election of the treasurer must be by ballot.
sch.1-sec.6
Required number of nominees for election as other committee members
sch.1-sec.6 Required number of nominees for election as other committee members
If the number of nominees for election as other committee members is the same as the number of other committee members required to make up the committee, the nominees are taken to be elected as other committee members.
sch.1-sec.7
More than required number of nominees for election as other committee members
sch.1-sec.7 More than required number of nominees for election as other committee members
If the number of nominees for election as other committee members is more than the number of other committee members required to make up the committee, the election of other committee members must be by ballot.
sch.1-pt.2
Elections
Elections
sch.1-sec.8
Elections must be separate
sch.1-sec.8 Elections must be separate
A body corporate must have a separate election for each of the following—
the chairperson of the body corporate;
the secretary of the body corporate;
the treasurer of the body corporate;
the other committee members.
(a) the chairperson of the body corporate;
(b) the secretary of the body corporate;
(c) the treasurer of the body corporate;
(d) the other committee members.
sch.1-sec.9
Pre-ballot
sch.1-sec.9 Pre-ballot
Before each ballot the chairperson must—
announce—
the names of the nominees; and
whether or not a nominee is a proprietor or a company nominee; and
if a nominee is not a proprietor or company nominee, by whom the nominee was nominated; and
give each individual present and entitled to vote, for each lot entitling an individual to vote, a blank paper to be used as a ballot paper; and
for a secret ballot—give each individual present and entitled to vote—
a ballot paper envelope; and
a particulars envelope.
(a) announce— (i) the names of the nominees; and (ii) whether or not a nominee is a proprietor or a company nominee; and (iii) if a nominee is not a proprietor or company nominee, by whom the nominee was nominated; and
(i) the names of the nominees; and
(ii) whether or not a nominee is a proprietor or a company nominee; and
(iii) if a nominee is not a proprietor or company nominee, by whom the nominee was nominated; and
(b) give each individual present and entitled to vote, for each lot entitling an individual to vote, a blank paper to be used as a ballot paper; and
(c) for a secret ballot—give each individual present and entitled to vote— (i) a ballot paper envelope; and (ii) a particulars envelope.
(i) a ballot paper envelope; and
(ii) a particulars envelope.
(i) the names of the nominees; and
(ii) whether or not a nominee is a proprietor or a company nominee; and
(iii) if a nominee is not a proprietor or company nominee, by whom the nominee was nominated; and
(i) a ballot paper envelope; and
(ii) a particulars envelope.
sch.1-sec.10
Opening envelopes
sch.1-sec.10 Opening envelopes
For a secret ballot, a ballot paper envelope must be opened by the chairperson, or an individual appointed by the chairperson, after—
all votes cast have been given to the chairperson; and
the chairperson, or an individual appointed by the chairperson, is satisfied that—
the particulars envelope is properly completed; and
the individual who completed the particulars envelope is entitled to vote; and
the ballot paper envelope has been drawn randomly from a receptacle in open view of the meeting.
(a) all votes cast have been given to the chairperson; and
(b) the chairperson, or an individual appointed by the chairperson, is satisfied that— (i) the particulars envelope is properly completed; and (ii) the individual who completed the particulars envelope is entitled to vote; and
(i) the particulars envelope is properly completed; and
(ii) the individual who completed the particulars envelope is entitled to vote; and
(c) the ballot paper envelope has been drawn randomly from a receptacle in open view of the meeting.
(i) the particulars envelope is properly completed; and
(ii) the individual who completed the particulars envelope is entitled to vote; and
sch.1-sec.11
Counting ballot
sch.1-sec.11 Counting ballot
The chairperson, or an individual appointed by the chairperson, must count the votes recorded on properly completed ballot papers.
sch.1-sec.12
Properly completed ballot papers
sch.1-sec.12 Properly completed ballot papers
A ballot paper for an open ballot is properly completed if—
it states—
the name of the individual voting; and
the number of the lot entitling the individual to vote; and
the name of the proprietor of the lot; and
the capacity in which the individual is voting; and
the name of 1 nominee for each of the members of the committee required to be elected and to which the ballot relates; and
the signature of the individual appears on the paper; and
the individual gives the paper to the chairperson.
A ballot paper for a secret ballot is properly completed if—
it states the name of 1 nominee for each of the members of the committee required to be elected and to which the ballot relates; and
it is put into a ballot paper envelope and the envelope is sealed; and
the ballot paper envelope mentioned in paragraph (b) is—
if separate from a particulars envelope—put into a properly completed particulars envelope; or
if attached to a particulars envelope—still attached to a properly completed particulars envelope; and
the properly completed particulars envelope is sealed and given to the chairperson.
s 12 amd 2009 SL No. 157 s 5
(sch.1-sec.12-ssec.1) A ballot paper for an open ballot is properly completed if— it states— the name of the individual voting; and the number of the lot entitling the individual to vote; and the name of the proprietor of the lot; and the capacity in which the individual is voting; and the name of 1 nominee for each of the members of the committee required to be elected and to which the ballot relates; and the signature of the individual appears on the paper; and the individual gives the paper to the chairperson.
(sch.1-sec.12-ssec.2) A ballot paper for a secret ballot is properly completed if— it states the name of 1 nominee for each of the members of the committee required to be elected and to which the ballot relates; and it is put into a ballot paper envelope and the envelope is sealed; and the ballot paper envelope mentioned in paragraph (b) is— if separate from a particulars envelope—put into a properly completed particulars envelope; or if attached to a particulars envelope—still attached to a properly completed particulars envelope; and the properly completed particulars envelope is sealed and given to the chairperson.
(a) it states— (i) the name of the individual voting; and (ii) the number of the lot entitling the individual to vote; and (iii) the name of the proprietor of the lot; and (iv) the capacity in which the individual is voting; and (v) the name of 1 nominee for each of the members of the committee required to be elected and to which the ballot relates; and
(i) the name of the individual voting; and
(ii) the number of the lot entitling the individual to vote; and
(iii) the name of the proprietor of the lot; and
(iv) the capacity in which the individual is voting; and
(v) the name of 1 nominee for each of the members of the committee required to be elected and to which the ballot relates; and
(b) the signature of the individual appears on the paper; and
(c) the individual gives the paper to the chairperson.
(i) the name of the individual voting; and
(ii) the number of the lot entitling the individual to vote; and
(iii) the name of the proprietor of the lot; and
(iv) the capacity in which the individual is voting; and
(v) the name of 1 nominee for each of the members of the committee required to be elected and to which the ballot relates; and
(a) it states the name of 1 nominee for each of the members of the committee required to be elected and to which the ballot relates; and
(b) it is put into a ballot paper envelope and the envelope is sealed; and
(c) the ballot paper envelope mentioned in paragraph (b) is— (i) if separate from a particulars envelope—put into a properly completed particulars envelope; or (ii) if attached to a particulars envelope—still attached to a properly completed particulars envelope; and
(i) if separate from a particulars envelope—put into a properly completed particulars envelope; or
(ii) if attached to a particulars envelope—still attached to a properly completed particulars envelope; and
(d) the properly completed particulars envelope is sealed and given to the chairperson.
(i) if separate from a particulars envelope—put into a properly completed particulars envelope; or
(ii) if attached to a particulars envelope—still attached to a properly completed particulars envelope; and
A particulars envelope is properly completed if—
it states—
the name of the individual voting; and
the number of the lot entitling the individual to vote; and
the name of the proprietor of the lot; and
the capacity in which the individual is voting; and
it contains, or is attached to, a sealed ballot paper envelope containing a properly completed ballot paper; and
the signature of the individual and the date of signing appears on the particulars envelope.
(a) it states— (i) the name of the individual voting; and (ii) the number of the lot entitling the individual to vote; and (iii) the name of the proprietor of the lot; and (iv) the capacity in which the individual is voting; and
(i) the name of the individual voting; and
(ii) the number of the lot entitling the individual to vote; and
(iii) the name of the proprietor of the lot; and
(iv) the capacity in which the individual is voting; and
(b) it contains, or is attached to, a sealed ballot paper envelope containing a properly completed ballot paper; and
(c) the signature of the individual and the date of signing appears on the particulars envelope.
(i) the name of the individual voting; and
(ii) the number of the lot entitling the individual to vote; and
(iii) the name of the proprietor of the lot; and
(iv) the capacity in which the individual is voting; and
sch.1-sec.14
Result of ballot
sch.1-sec.14 Result of ballot
For an election—
of chairperson—the individual who receives the highest number of votes is elected as chairperson; or
of secretary—the individual who receives the highest number of votes is elected as secretary; or
of treasurer—the individual who receives the highest number of votes is elected as treasurer; or
as other committee members—the individuals who receive the highest number of votes, in descending order, up to the number of persons required to be elected, are elected as the other committee members.
However, if 2 or more individuals receive the same number of votes and the number of individuals who would, under subsection (1) (a) , (b) , (c) or (d) be elected, is higher than the number required to be elected, the result of the election must be decided by chance in the way the meeting decides.
(sch.1-sec.14-ssec.1) For an election— of chairperson—the individual who receives the highest number of votes is elected as chairperson; or of secretary—the individual who receives the highest number of votes is elected as secretary; or of treasurer—the individual who receives the highest number of votes is elected as treasurer; or as other committee members—the individuals who receive the highest number of votes, in descending order, up to the number of persons required to be elected, are elected as the other committee members.
(sch.1-sec.14-ssec.2) However, if 2 or more individuals receive the same number of votes and the number of individuals who would, under subsection (1) (a) , (b) , (c) or (d) be elected, is higher than the number required to be elected, the result of the election must be decided by chance in the way the meeting decides.
(a) of chairperson—the individual who receives the highest number of votes is elected as chairperson; or
(b) of secretary—the individual who receives the highest number of votes is elected as secretary; or
(c) of treasurer—the individual who receives the highest number of votes is elected as treasurer; or
(d) as other committee members—the individuals who receive the highest number of votes, in descending order, up to the number of persons required to be elected, are elected as the other committee members.
sch.2-pt.1
Nominations
Nominations
sch.2-sec.1
Secretary to give notices calling for nominations
sch.2-sec.1 Secretary to give notices calling for nominations
The secretary must give a written notice to each proprietor inviting the proprietor to nominate individuals for election as chairperson, secretary, treasurer and other committee members of the body corporate.
The notice must be given 35 days before the anniversary of the first annual general meeting.
(sch.2-sec.1-ssec.1) The secretary must give a written notice to each proprietor inviting the proprietor to nominate individuals for election as chairperson, secretary, treasurer and other committee members of the body corporate.
(sch.2-sec.1-ssec.2) The notice must be given 35 days before the anniversary of the first annual general meeting.
sch.2-sec.2
Properly completed nominations
sch.2-sec.2 Properly completed nominations
The nomination of an individual eligible for election as chairperson, secretary, treasurer or other committee member is properly completed if—
it is in writing; and
it states—
the name of the proprietor making the nomination, or on whose behalf the nomination is being made; and
the name of the nominee; and
whether the nominee is—
a proprietor; or
a company nominee; or
neither a proprietor nor a company nominee; and
it is signed by—
the proprietor making the nomination or the individual making the nomination on the proprietor’s behalf; and
the nominee.
(a) it is in writing; and
(b) it states— (i) the name of the proprietor making the nomination, or on whose behalf the nomination is being made; and (ii) the name of the nominee; and (iii) whether the nominee is— (A) a proprietor; or (B) a company nominee; or (C) neither a proprietor nor a company nominee; and
(i) the name of the proprietor making the nomination, or on whose behalf the nomination is being made; and
(ii) the name of the nominee; and
(iii) whether the nominee is— (A) a proprietor; or (B) a company nominee; or (C) neither a proprietor nor a company nominee; and
(A) a proprietor; or
(B) a company nominee; or
(C) neither a proprietor nor a company nominee; and
(c) it is signed by— (i) the proprietor making the nomination or the individual making the nomination on the proprietor’s behalf; and (ii) the nominee.
(i) the proprietor making the nomination or the individual making the nomination on the proprietor’s behalf; and
(ii) the nominee.
(i) the name of the proprietor making the nomination, or on whose behalf the nomination is being made; and
(ii) the name of the nominee; and
(iii) whether the nominee is— (A) a proprietor; or (B) a company nominee; or (C) neither a proprietor nor a company nominee; and
(A) a proprietor; or
(B) a company nominee; or
(C) neither a proprietor nor a company nominee; and
(A) a proprietor; or
(B) a company nominee; or
(C) neither a proprietor nor a company nominee; and
(i) the proprietor making the nomination or the individual making the nomination on the proprietor’s behalf; and
(ii) the nominee.
sch.2-sec.3
Absence of nominees
sch.2-sec.3 Absence of nominees
Schedule 1 applies instead of this schedule—
if there is no nominee for chairperson—to the nomination and election of the chairperson; and
if there is no nominee for secretary—to the nomination and election of the secretary; and
if there is no nominee for treasurer—to the nomination and election of the treasurer; and
if there are no nominees for other committee members—to the nomination and election of the other committee members.
(a) if there is no nominee for chairperson—to the nomination and election of the chairperson; and
(b) if there is no nominee for secretary—to the nomination and election of the secretary; and
(c) if there is no nominee for treasurer—to the nomination and election of the treasurer; and
(d) if there are no nominees for other committee members—to the nomination and election of the other committee members.
sch.2-sec.4
Sole nominees for election as chairperson, secretary or treasurer
sch.2-sec.4 Sole nominees for election as chairperson, secretary or treasurer
If there is only 1 nominee for election as chairperson, the nominee is taken to be elected as chairperson.
If there is only 1 nominee for election as secretary, the nominee is taken to be elected as secretary.
If there is only 1 nominee for election as treasurer, the nominee is taken to be elected as treasurer.
(sch.2-sec.4-ssec.1) If there is only 1 nominee for election as chairperson, the nominee is taken to be elected as chairperson.
(sch.2-sec.4-ssec.2) If there is only 1 nominee for election as secretary, the nominee is taken to be elected as secretary.
(sch.2-sec.4-ssec.3) If there is only 1 nominee for election as treasurer, the nominee is taken to be elected as treasurer.
sch.2-sec.5
Multiple nominees for election as chairperson, secretary or treasurer
sch.2-sec.5 Multiple nominees for election as chairperson, secretary or treasurer
If there are 2 or more nominees for election as chairperson, the election of the chairperson must be by ballot.
If there are 2 or more nominees for election as secretary, the election of the secretary must be by ballot.
If there are 2 or more nominees for election as treasurer, the election of the treasurer must be by ballot.
(sch.2-sec.5-ssec.1) If there are 2 or more nominees for election as chairperson, the election of the chairperson must be by ballot.
(sch.2-sec.5-ssec.2) If there are 2 or more nominees for election as secretary, the election of the secretary must be by ballot.
(sch.2-sec.5-ssec.3) If there are 2 or more nominees for election as treasurer, the election of the treasurer must be by ballot.
sch.2-sec.6
Required number of nominees for election as other committee members
sch.2-sec.6 Required number of nominees for election as other committee members
If the number of nominees for election as other committee members is the same as the number of other committee members required to make up the committee, the nominees are taken to be elected as other committee members.
sch.2-sec.7
Less than required number of nominees for election as other committee members
sch.2-sec.7 Less than required number of nominees for election as other committee members
If the number of nominees for election as other committee members is less than the number of other committee members required to make up the committee—
the nominees are taken to be elected as other committee members of the committee; and
schedule 1 applies instead of this schedule to the nomination and election of the number of committee members, other than those mentioned in paragraph (a) , required to make up the committee.
(a) the nominees are taken to be elected as other committee members of the committee; and
(b) schedule 1 applies instead of this schedule to the nomination and election of the number of committee members, other than those mentioned in paragraph (a) , required to make up the committee.
sch.2-sec.8
More than required number of nominees for election as other committee members
sch.2-sec.8 More than required number of nominees for election as other committee members
If neither section 6 nor 7 applies, the election of the other committee members must be by ballot.
sch.2-pt.2
Elections
Elections
sch.2-sec.9
Elections must be separate
sch.2-sec.9 Elections must be separate
A body corporate must have a separate election for each of the following—
the chairperson of the body corporate;
the secretary of the body corporate;
the treasurer of the body corporate;
the other committee members.
(a) the chairperson of the body corporate;
(b) the secretary of the body corporate;
(c) the treasurer of the body corporate;
(d) the other committee members.
sch.2-sec.10
Pre-ballot
sch.2-sec.10 Pre-ballot
Before each ballot the secretary must give to each proprietor—
for an open ballot—
a ballot paper; and
a ballot paper envelope addressed to the secretary; or
for a secret ballot—
a ballot paper; and
a ballot paper envelope; and
a particulars envelope addressed to the secretary.
If a ballot paper is not available for use for any reason, a secretary must give a replacement ballot paper to the proprietor or the individual voting on the proprietor’s behalf.
A secretary who gives a replacement ballot paper under subsection (2) must—
make a written record of—
the reason the ballot paper is not available for use; and
the individual to whom the replacement paper is given; and
when the replacement paper is given; and
show the record to the chairperson before the votes are counted.
(sch.2-sec.10-ssec.1) Before each ballot the secretary must give to each proprietor— for an open ballot— a ballot paper; and a ballot paper envelope addressed to the secretary; or for a secret ballot— a ballot paper; and a ballot paper envelope; and a particulars envelope addressed to the secretary.
(sch.2-sec.10-ssec.2) If a ballot paper is not available for use for any reason, a secretary must give a replacement ballot paper to the proprietor or the individual voting on the proprietor’s behalf.
(sch.2-sec.10-ssec.3) A secretary who gives a replacement ballot paper under subsection (2) must— make a written record of— the reason the ballot paper is not available for use; and the individual to whom the replacement paper is given; and when the replacement paper is given; and show the record to the chairperson before the votes are counted.
(a) for an open ballot— (i) a ballot paper; and (ii) a ballot paper envelope addressed to the secretary; or
(i) a ballot paper; and
(ii) a ballot paper envelope addressed to the secretary; or
(b) for a secret ballot— (i) a ballot paper; and (ii) a ballot paper envelope; and (iii) a particulars envelope addressed to the secretary.
(i) a ballot paper; and
(ii) a ballot paper envelope; and
(iii) a particulars envelope addressed to the secretary.
(i) a ballot paper; and
(ii) a ballot paper envelope addressed to the secretary; or
(i) a ballot paper; and
(ii) a ballot paper envelope; and
(iii) a particulars envelope addressed to the secretary.
(a) make a written record of— (i) the reason the ballot paper is not available for use; and (ii) the individual to whom the replacement paper is given; and (iii) when the replacement paper is given; and
(i) the reason the ballot paper is not available for use; and
(ii) the individual to whom the replacement paper is given; and
(iii) when the replacement paper is given; and
(b) show the record to the chairperson before the votes are counted.
(i) the reason the ballot paper is not available for use; and
(ii) the individual to whom the replacement paper is given; and
(iii) when the replacement paper is given; and
sch.2-sec.11
Ballot papers
sch.2-sec.11 Ballot papers
A ballot paper must state—
the number of individuals required to be elected; and
the names of the nominees nominated by properly completed nominations; and
whether a nominee is—
a proprietor; or
a company nominee; or
neither a proprietor nor a company nominee; and
by whom each nominee was nominated.
(a) the number of individuals required to be elected; and
(b) the names of the nominees nominated by properly completed nominations; and
(c) whether a nominee is— (i) a proprietor; or (ii) a company nominee; or (iii) neither a proprietor nor a company nominee; and
(i) a proprietor; or
(ii) a company nominee; or
(iii) neither a proprietor nor a company nominee; and
(d) by whom each nominee was nominated.
(i) a proprietor; or
(ii) a company nominee; or
(iii) neither a proprietor nor a company nominee; and
sch.2-sec.12
Opening envelopes
sch.2-sec.12 Opening envelopes
A ballot paper envelope must be opened—
for an open ballot—by the secretary, after all votes cast have been given to the secretary; and
for a secret ballot—by the chairperson, or an individual appointed by the chairperson, after—
all votes cast have been given to the secretary; and
the chairperson, or an individual appointed by the chairperson, is satisfied that—
the particulars envelope for the ballot paper envelope is properly completed; and
the individual who completed the particulars envelope is entitled to vote; and
the ballot paper envelope has been drawn randomly from a receptacle in open view of the meeting.
(a) for an open ballot—by the secretary, after all votes cast have been given to the secretary; and
(b) for a secret ballot—by the chairperson, or an individual appointed by the chairperson, after— (i) all votes cast have been given to the secretary; and (ii) the chairperson, or an individual appointed by the chairperson, is satisfied that— (A) the particulars envelope for the ballot paper envelope is properly completed; and (B) the individual who completed the particulars envelope is entitled to vote; and (iii) the ballot paper envelope has been drawn randomly from a receptacle in open view of the meeting.
(i) all votes cast have been given to the secretary; and
(ii) the chairperson, or an individual appointed by the chairperson, is satisfied that— (A) the particulars envelope for the ballot paper envelope is properly completed; and (B) the individual who completed the particulars envelope is entitled to vote; and
(A) the particulars envelope for the ballot paper envelope is properly completed; and
(B) the individual who completed the particulars envelope is entitled to vote; and
(iii) the ballot paper envelope has been drawn randomly from a receptacle in open view of the meeting.
(i) all votes cast have been given to the secretary; and
(ii) the chairperson, or an individual appointed by the chairperson, is satisfied that— (A) the particulars envelope for the ballot paper envelope is properly completed; and (B) the individual who completed the particulars envelope is entitled to vote; and
(A) the particulars envelope for the ballot paper envelope is properly completed; and
(B) the individual who completed the particulars envelope is entitled to vote; and
(iii) the ballot paper envelope has been drawn randomly from a receptacle in open view of the meeting.
(A) the particulars envelope for the ballot paper envelope is properly completed; and
(B) the individual who completed the particulars envelope is entitled to vote; and
sch.2-sec.13
Counting ballot
sch.2-sec.13 Counting ballot
The chairperson, or an individual appointed by the chairperson, must count the votes recorded on properly completed ballot papers.
sch.2-sec.14
Properly completed ballot papers
sch.2-sec.14 Properly completed ballot papers
A ballot paper for an open ballot is properly completed if—
it states—
the name of the individual voting; and
the number of the lot entitling the individual to vote; and
the name of the proprietor of the lot; and
the capacity in which the individual is voting; and
the name of 1 nominee for each member of the committee required to be elected and to which the ballot relates; and
the signature of the individual appears on the paper; and
if the paper is given to the secretary before the annual general meeting—it is put into a ballot paper envelope and the envelope is sealed; and
the individual gives the paper to the secretary before or at the annual general meeting.
A ballot paper for a secret ballot is properly completed if—
it states the name of 1 nominee for each member of the committee required to be elected and to which the ballot relates; and
it is put into a ballot paper envelope and the envelope is sealed; and
the ballot paper envelope mentioned in paragraph (b) is—
if separate from a particulars envelope—put into a properly completed particulars envelope; or
if attached to a particulars envelope—still attached to a properly completed particulars envelope; and
the properly completed particulars envelope is sealed and given to the secretary before or at the annual general meeting.
(sch.2-sec.14-ssec.1) A ballot paper for an open ballot is properly completed if— it states— the name of the individual voting; and the number of the lot entitling the individual to vote; and the name of the proprietor of the lot; and the capacity in which the individual is voting; and the name of 1 nominee for each member of the committee required to be elected and to which the ballot relates; and the signature of the individual appears on the paper; and if the paper is given to the secretary before the annual general meeting—it is put into a ballot paper envelope and the envelope is sealed; and the individual gives the paper to the secretary before or at the annual general meeting.
(sch.2-sec.14-ssec.2) A ballot paper for a secret ballot is properly completed if— it states the name of 1 nominee for each member of the committee required to be elected and to which the ballot relates; and it is put into a ballot paper envelope and the envelope is sealed; and the ballot paper envelope mentioned in paragraph (b) is— if separate from a particulars envelope—put into a properly completed particulars envelope; or if attached to a particulars envelope—still attached to a properly completed particulars envelope; and the properly completed particulars envelope is sealed and given to the secretary before or at the annual general meeting.
(a) it states— (i) the name of the individual voting; and (ii) the number of the lot entitling the individual to vote; and (iii) the name of the proprietor of the lot; and (iv) the capacity in which the individual is voting; and (v) the name of 1 nominee for each member of the committee required to be elected and to which the ballot relates; and
(i) the name of the individual voting; and
(ii) the number of the lot entitling the individual to vote; and
(iii) the name of the proprietor of the lot; and
(iv) the capacity in which the individual is voting; and
(v) the name of 1 nominee for each member of the committee required to be elected and to which the ballot relates; and
(b) the signature of the individual appears on the paper; and
(c) if the paper is given to the secretary before the annual general meeting—it is put into a ballot paper envelope and the envelope is sealed; and
(d) the individual gives the paper to the secretary before or at the annual general meeting.
(i) the name of the individual voting; and
(ii) the number of the lot entitling the individual to vote; and
(iii) the name of the proprietor of the lot; and
(iv) the capacity in which the individual is voting; and
(v) the name of 1 nominee for each member of the committee required to be elected and to which the ballot relates; and
(a) it states the name of 1 nominee for each member of the committee required to be elected and to which the ballot relates; and
(b) it is put into a ballot paper envelope and the envelope is sealed; and
(c) the ballot paper envelope mentioned in paragraph (b) is— (i) if separate from a particulars envelope—put into a properly completed particulars envelope; or (ii) if attached to a particulars envelope—still attached to a properly completed particulars envelope; and
(i) if separate from a particulars envelope—put into a properly completed particulars envelope; or
(ii) if attached to a particulars envelope—still attached to a properly completed particulars envelope; and
(d) the properly completed particulars envelope is sealed and given to the secretary before or at the annual general meeting.
(i) if separate from a particulars envelope—put into a properly completed particulars envelope; or
(ii) if attached to a particulars envelope—still attached to a properly completed particulars envelope; and
A particulars envelope is properly completed if—
it states—
the name of the individual voting; and
the number of the lot entitling the individual to vote; and
the name of the proprietor of the lot; and
the capacity in which the individual is voting; and
it contains, or is attached to, a sealed ballot paper envelope containing a properly completed ballot paper; and
the signature of the individual and the date of signing appears on the particulars envelope.
(a) it states— (i) the name of the individual voting; and (ii) the number of the lot entitling the individual to vote; and (iii) the name of the proprietor of the lot; and (iv) the capacity in which the individual is voting; and
(i) the name of the individual voting; and
(ii) the number of the lot entitling the individual to vote; and
(iii) the name of the proprietor of the lot; and
(iv) the capacity in which the individual is voting; and
(b) it contains, or is attached to, a sealed ballot paper envelope containing a properly completed ballot paper; and
(c) the signature of the individual and the date of signing appears on the particulars envelope.
(i) the name of the individual voting; and
(ii) the number of the lot entitling the individual to vote; and
(iii) the name of the proprietor of the lot; and
(iv) the capacity in which the individual is voting; and
sch.2-sec.16
Result of ballot
sch.2-sec.16 Result of ballot
For an election—
as chairperson—the individual who receives the highest number of votes is elected as chairperson; and
as secretary—the individual who receives the highest number of votes is elected as secretary; and
as treasurer—the individual who receives the highest number of votes is elected as treasurer; and
as other committee members—the individuals who receive the highest number of votes, in descending order, up to the number of persons required to be elected, are elected as the other committee members.
However, if 2 or more individuals receive the same number of votes and the number of individuals who would, under subsection (1) (a) , (b) , (c) or (d) be elected, is higher than the number required to be elected, the result of the election must be decided by chance in the way the meeting decides.
(sch.2-sec.16-ssec.1) For an election— as chairperson—the individual who receives the highest number of votes is elected as chairperson; and as secretary—the individual who receives the highest number of votes is elected as secretary; and as treasurer—the individual who receives the highest number of votes is elected as treasurer; and as other committee members—the individuals who receive the highest number of votes, in descending order, up to the number of persons required to be elected, are elected as the other committee members.
(sch.2-sec.16-ssec.2) However, if 2 or more individuals receive the same number of votes and the number of individuals who would, under subsection (1) (a) , (b) , (c) or (d) be elected, is higher than the number required to be elected, the result of the election must be decided by chance in the way the meeting decides.
(a) as chairperson—the individual who receives the highest number of votes is elected as chairperson; and
(b) as secretary—the individual who receives the highest number of votes is elected as secretary; and
(c) as treasurer—the individual who receives the highest number of votes is elected as treasurer; and
(d) as other committee members—the individuals who receive the highest number of votes, in descending order, up to the number of persons required to be elected, are elected as the other committee members.
sch.3-pt.1
Fees payable to the referee or tribunal
Fees payable to the referee or tribunal
sch.3-pt.2
Fees payable to a body corporate
Fees payable to a body corporate
Source text: opening excerpt
Sourced from Queensland Legislation (legislation.qld.gov.au), CC BY 4.0.
pt.1 Preliminary
Preliminary
sec.1 Short title
sec.1 Short title
This regulation may be cited as the Building Units and Group Titles Regulation 2008 .
sec.2 Commencement
sec.2 Commencement
This regulation commences 1 September 2008.
sec.3 Definitions
sec.3 Definitions
In this regulation—
annual general meeting means an annual general meeting under section 29A (1) of the Act .
approved form ...
s 3 def approved form om 2021 Act No. 12 s 148 sch 3
books of account means the books of account required to be kept by a body corporate under section 38D (1) (b) of the Act .
notice of conversion means a notice of conversion under section 12 of the Act .
other committee member , of a body corporate, means a member of the committee, other than the chairperson, secretary or treasurer of the committee.
plan of amalgamation means a plan of amalgamation under section 11 of the Act .
plan of resubdivision means a plan of resubdivision under section 10 of the Act .
registrar ...
s 3 def registrar om 2021 Act No. 12 s 148 sch 3
statement of accounts means a statement of accounts required to be prepared by a body corporate under section 38D (1) (c) of the Act .
pt.2 Registration requirements
Registration requirements
Section sec.4
s 4 om 2021 Act No. 12 s 148 sch 3
sec.5 Requirements for registration of relevant documents
sec.5 Requirements for registration of relevant documents
A relevant document must be—
in the approved form; and
in conformity with directions of the registrar of titles about the required format for a relevant document.
In this section—
relevant document means—
a plan; or
a plan of amalgamation; or
a notice of conversion.
s 5 amd 2021 Act No. 12 s 148 sch 3
(sec.5-ssec.1) A relevant document must be— in the approved form; and in conformity with directions of the registrar of titles about the required format for a relevant document.
(sec.5-ssec.2) In this section— relevant document means— a plan; or a plan of amalgamation; or a notice of conversion.
(a) in the approved form; and
(b) in conformity with directions of the registrar of titles about the required format for a relevant document.
(a) a plan; or
(b) a plan of amalgamation; or
(c) a notice of conversion.
sec.6 Notification of registration of plans by registrar of titles
sec.6 Notification of registration of plans by registrar of titles
Specifies the matters that must be included in the approved form for a body corporate certificate under s 40AA(5)(a) of the Act. The list is extensive: lot and plan details, contact details for secretary and any manager, amounts payable or unpaid to the body corporate, lot entitlements and aggregate lot entitlement, arrangements about letting and maintenance, by-laws, sinking fund balance, insurance, most recent statement of accounts, embedded electricity network arrangements, responsibilities for improvements under s 37A(2), and personal property vested in the body corporate (s 10A).
Regulates fee mechanics: it points to Schedule 3 for fees payable to the referee/tribunal and to bodies corporate (s 15), prescribes rounding rules when fees are expressed as fee units (s 15A), permits the referee to remit fees on financial hardship grounds (s 16), and creates a priority 24-hour body corporate certificate option that requires a priority fee refundable if the 24-hour deadline is missed (s 16A).
Repeals the prior 1998 regulation and provides a transitional saving for pre-existing approved forms (ss 17-18).
The regulation is therefore largely a granular, rules-based instrument implementing choices left to regulation-making power in the Act: it specifies documentary form, electoral procedure, retention periods and monetary thresholds. It does not itself create new substantive offences; rather it operationalises many Act provisions and sets administrative standards to be followed by registrars, secretaries, chairpersons, committees and referees (see e.g. ss 5-6, schs 1-2, ss 9-16A).
Main concepts
The regulation organises around several recurring concepts: prescribed forms and registrar directions; electoral procedure; prescribed monetary amounts; record retention; certificate content; fee mechanics; and transitional repeal.
Approved form and registrar directions. Section 5 requires “relevant documents” (plan, plan of amalgamation, notice of conversion) to be in the approved form and conform to directions of the registrar of titles about format. The registrar has a related, positive duty to annotate and “chart the effect of registration” on the original plan and to amend schedules of lot entitlements after registration of an amalgamation (s 6). The concept is documentary standardisation: the regulation ties legal effect and traceability to compliance with form and registrar directions.
Nomination and election frameworks. The regulation embeds two detailed procedural models in Schedule 1 and Schedule 2. Schedule 1 applies to initial AGMs and certain meetings described in s 7; Schedule 2 to later AGMs (s 8). Both schedules define steps: preliminary decisions on committee size and ballot type (sch 1-sec 1), who calls for nominations (chairperson in sch 1; secretary in sch 2), consent preconditions for nominations, and specific ballot logistics (distribution of ballot papers and envelopes; opening method; count; tie-breaking). The regulation differentiates administration roles , in sch 1 the chairperson plays the active role in pre-ballot distribution and opening; in sch 2 the secretary has pre-meeting distribution duties and must record replacement papers (sch 2-sec 10).
Monetary prescriptions. The regulation converts Act-level references to amounts into concrete figures and a formula: PA = 2,000 × L for prescribed amount for improvements to common property (s 9), $200 spending limit for committees without general meeting authorisation (s 12), and $10 million minimum insurance cover (s 13). Those figures are legally binding for the purposes of the Act provisions they reference.
Records regime. Section 10 prescribes different retention periods for minutes and books of account , minutes are retained until the incorporating plan is extinguished under s 25(1) of the Act; books of account for six years after adoption of the corresponding statement of accounts.
Body corporate certificates. Section 10A enumerates a comprehensive disclosure list for the approved body corporate certificate under the Act (s 40AA). It prescribes financial, governance, insurance, by-law and contractual items to be disclosed, and permits the approved form to be accompanied by consolidated by-laws, insurance details and the latest statement of accounts.
Fees and fee mechanics. The regulation delegates fee amounts to Schedule 3 (ss 15) and addresses practical fee computation (rounding rules in s 15A, remission authority for referees in s 16). Section 16A creates a priority request channel with fee and refund mechanics.
Transitional and repeal provisions. The regulation repeals the prior 1998 regulation (s 17) and carries over previously approved forms into the new regime (s 18).
These concepts are procedural and administrative rather than substantive. Their repeated mechanistic effect is to translate Act-level triggers into definite dollar figures, deadlines and documentary formats, and to prescribe how internal governance processes are to be run in practice.
Who it affects
The regulation assigns actions, duties and disclosures to a small set of roles: registrars of titles, secretaries, chairpersons, committees, bodies corporate, proprietors and referees/tribunals. It therefore affects those persons directly and, indirectly, related service providers (body corporate managers, conveyancers, insurers).
Registrars of titles. The registrar must prescribe and enforce format conformity for relevant documents (s 5) and must annotate the original plan when consolidation/amalgamation/resubdivision/ conversion registrations occur, including charting diagram effects and amending lot entitlement schedules for amalgamations (s 6). The registrar decides format directions and executes the plan annotations; non-compliance with form may impede registration.
Bodies corporate and committees. The regulation sets the rules for internal governance: nominations and elections rules (s 7, s 8, Schedules 1 and 2), committee expenditure limit ($200) before general meeting authorisation (s 12), record retention obligations (s 10), insurance cover minimum ($10m) (s 13), and the particulars that must be disclosed in body corporate certificates (s 10A). Bodies corporate must ensure forms, by-laws, accounts, insurance and sinking fund balances are maintained and disclosed as required.
Secretaries and chairpersons. Both have specified procedural responsibilities depending on which schedule applies. Under Schedule 1 the chairperson calls for nominations and administers ballots (sch 1-sec 2, 9-11). Under Schedule 2 the secretary must send the written nomination notice 35 days before the anniversary of the first AGM (sch 2-sec 1), distribute ballot papers or envelopes prior to or at meetings, keep records of replacement ballot papers and open and count ballots in the prescribed manner (sch 2-sec 10-13).
Proprietors (lot owners) and voters. Proprietors are the electorate in body corporate elections. The regulation sets how votes are cast, how ballot papers must be completed (schs 1 & 2, sec 12-15), and how ties are resolved (chance procedure) (sch 1-sec 14; sch 2-sec 16). It also prescribes that a body corporate may rely on written notice from each proprietor entitled to vote, but not voting, to show non-opposition to a resolution when seeking an exemption under s 41(2) of the Act (s 11).
Referees and tribunals. The regulation sets fee rules for referees/tribunals (s 15, sch 3) and grants a referee discretion to remit fees for persons suffering financial hardship (s 16). It also classifies certain referee orders for the purposes of Act s 117(a)(ii) (s 14).
Body corporate managers and other service providers. Section 10A requires disclosure of any body corporate manager’s contact details and arrangements relating to letting and maintenance contracts; such entities are affected because their contracts and arrangements must be disclosed in certificates provided to prospective purchasers or others ordering the certificate.
Conveyancers and purchasers. The body corporate certificate regime (s 10A, s 16A priority request) and the registrar notification duties (s 6) affect conveyancers and prospective purchasers because the regulation prescribes what information must appear in certificates and how quickly certificates can be produced at a premium.
Who pays and who decides: fees referenced are charged to persons requesting certificates or seeking tribunal/referee processes (s 15; s 16A). The referee can waive fees if financial hardship is established (s 16). The body corporate decides on ballot method and committee size at meetings (sch 1-sec 1), the secretary gives notice (sch 2-sec 1) and the registrar decides the required format for registration (s 5).
In short, the regulation imposes administrative burdens predominantly on corporate secretaries, chairpersons, registrars and bodies corporate and places disclosure obligations on bodies corporate that affect proprietors, purchasers and service providers.
Key duties and rights
The regulation translates Act references into specific, actionable duties and clarifies rights tied to process. Below are the principal duties and associated rights as set out in the text.
Duties of registrars and recording of plans
Duty to require relevant documents to be in the approved form and follow registrar directions (s 5). This is a procedural gatekeeping duty: registrars may refuse or delay registration if documents are not in the approved form or do not conform to format directions.
Duty to annotate the original plan to show the effect of registration of amalgamations, resubdivisions or conversions, including charting diagram changes and amending lot entitlement schedules for amalgamations (s 6). This creates a public record duty for land title continuity.
Election and nomination duties
Chairperson’s duty under Schedule 1 to call for nominations at the meeting, announce nominees and administer ballots when Schedule 1 applies (sch 1-sec 2; sch 1-sec 9-11).
Secretary’s duty under Schedule 2 to give written notice calling for nominations 35 days before the anniversary of the first annual general meeting (sch 2-sec 1), to distribute ballot papers and envelopes (sch 2-sec 10), to give replacement ballot papers if needed and to keep a written record of any replacement (sch 2-sec 10(2)-(3)). The secretary also must provide ballot paper envelopes addressed to the secretary or particulars envelopes when required (sch 2-sec 10-11).
Duty to ensure nominations are properly completed: nominations must be in writing, state nominator and nominee details, status of nominee (proprietor, company nominee, neither), and be signed by both nominator and nominee (sch 2-sec 2).
Ballot handling and counting duties
For secret ballots, specific envelope procedures apply: distribution of ballot paper envelopes and particulars envelopes, sealed ballots, drawing ballot envelopes randomly in open view and opening only after verification of particulars (schs 1 & 2, sec 9-13).
Chairperson or appointed individual must count votes recorded on properly completed ballot papers (sch 1-sec 11; sch 2-sec 13). Proper completion standards are strict and differ for open and secret ballots (sch 1-sec 12; sch 2-sec 14).
Financial and record-keeping duties
Bodies corporate must hold minimum insurance cover of $10 million for purposes of s 56(2) of the Act (s 13).
Committee expenditure is capped without prior meeting approval at $200 for the purposes of s 47(1) of the Act (s 12).
Records retention: minutes must be kept until the incorporating plan is extinguished (s 10(a)); books of account must be kept for six years after adoption of the statement of accounts (s 10(b)).
Disclosure duties through body corporate certificates
The body corporate certificate approved form must include a comprehensive set of matters relating to the lot and plan, including lot and plan identification, secretary and manager contact details, amounts payable or unpaid to the body corporate and contributions (s 10A(1)(a)-(i), (m)-(p)). The approved form may include supporting documents such as insurance details, consolidated by-laws and the most recent statement of accounts (s 10A(2)).
Fee and priority request duties and rights
Applicants may request a priority body corporate certificate to be given within 24 hours by including the prescribed priority fee; the fee must be refunded if the 24-hour deadline is not met (s 16A).
Referees have the delegated discretion to remit or excuse fees (s 16) if satisfied the person is suffering financial hardship; that is a power not an obligation.
Rights and safeguards
Voting individuals and proprietors have process rights under the schedules: to receive ballot papers, to be informed of nominee identity and status, and to expect sealed secret ballots where chosen (schs 1 & 2).
Equality of voting is protected procedurally by the prescribed counting mechanism and an explicit tie-resolution method by chance if votes are tied and affect election outcomes (sch 1-sec 14; sch 2-sec 16).
Transitional protection: forms approved under the repealed 1998 regulation are taken to be approved under this regulation (s 18), preserving existing documents’ validity.
Notably, the regulation does not on its face impose criminal sanctions or fines in its text. It rather creates administrative standards and procedural duties that enable registration, internal governance and disclosure obligations connected to Act provisions. Enforcement mechanisms for breaches of the Act or regulation would therefore primarily exercise through the Act’s supervisory and dispute-resolution apparatus (referees, tribunals and registrar functions), and via exclusion from registration or non-compliant disclosure.
Penalties and enforcement
The regulation itself contains no express criminal penalties or monetary fines; instead it operates by setting procedural and documentary norms and delegating certain enforcement and remedial features to officials and to the Act’s dispute-resolution mechanisms. The enforcement architecture that follows from the regulation is administrative, procedural and contractual in nature.
Administrative enforcement mechanisms in the regulation
Registrar functions. The registrar of titles must require conformity with approved form and registrar directions for registration of relevant documents (s 5) and must make appropriate notification on the original plan when certain registrations occur (s 6). Non-conforming documents risk rejection or delay of registration; while the regulation does not specify a penalty, the practical effect of non-registration is transactional: inability to give legal effect to the plan change.
Referee discretion relating to fees. The referee may excuse all or part of fees payable to the referee where satisfied the person is suffering financial hardship (s 16). This is a discretionary relief mechanism, not a sanction.
Fee refund mechanism. For priority body corporate certificates, the priority fee must be refunded if the certificate is not provided within 24 hours (s 16A(3)). That creates a contractual/administrative redress to the fee payer.
Classification for referee orders. Section 14 prescribes which classes of referee order fall within a prescribed class for the purposes of Act s 117(a)(ii). That affects the consequence and treatment of such orders during subsequent inquiries; it is an administrative classification rather than a penalty.
Enforcement via the Act
Several provisions of this regulation are explicitly married to provisions of the Act (for example, s 9 references Act s 37(2)(g)(i), s 10 references Act s 38D(1)(b), s 10A references Act s 40AA, s 11 references Act s 41(2), s 12 references Act s 47(1), s 13 references Act s 56(2), s 14 references Act s 117). Enforcement of those Act sections may include the Act’s own sanctions, remedies and dispute resolution processes; however the regulation itself does not restate or add criminal or civil penalty provisions. One must consult the Act for specific penalties and enforcement remedies tied to breaches of the substantive Act provisions that the regulation details.
Tribunal and referee fees are governed by Schedule 3 as referenced in s 15. Failure to pay applicable fees for tribunal or referee processes could affect access to dispute-resolution mechanisms; the regulation also grants the referee power to remit fees (s 16).
Practical enforcement consequences
Non-conforming registration documents: the practical sanction is administrative , inability to complete transactions dependent on registration and additional costs/time to correct documents (s 5-6).
Non-compliant elections or procedural failures: an election run otherwise than in accordance with the regulation may be susceptible to challenge in the Act’s referee or tribunal process. The regulation prescribes precise ballot mechanics (schs 1 & 2) likely to be treated as binding procedural rules when disputes arise.
Disclosure non-compliance for certificates: omission of matters prescribed in s 10A from body corporate certificates could generate contractual disputes in conveyancing, misrepresentation claims, or tribunal intervention under the Act; the regulation requires these matters be included but does not set out a penalty within its text.
Risks and limits
The regulation provides administrative remedies (fee refund, fee remission) and prescriptive procedural standards, but it relies on the Act’s enforcement architecture for sanctions and binding judicial determinations. Readers should therefore consult the Act for criminal or civil penalties tied to non-compliance with the underlying Act provisions referenced throughout the regulation.
In summary, enforcement is administrative and procedural in the regulation, with practical coercive force coming from the effects of non-registration, the Act’s own enforcement mechanisms, and access to the referee/tribunal regime which the regulation funds and structures through fees and fee remission powers.
How it interacts with other laws
This regulation is expressly interstitial: it operationalises provisions of the parent Act and references other statutory mechanics. It does not stand alone; its legal force depends on and interacts with the Act and with other statutory provisions referenced within the regulation.
Direct cross-references to the Act
The regulation repeatedly cites specific Act provisions and supplies prescribed amounts, procedures or definitions for those provisions. Examples include:
s 9 gives the prescribed amount used for the cost-of-improvements calculation required by Act s 37(2)(g)(i).
s 10 prescribes retention times for records for the purposes of Act s 38D(1)(b).
s 10A prescribes matters to be included in the approved form for a body corporate certificate required by Act s 40AA.
s 11 prescribes the ground on which a body corporate may make an application under Act s 41(2).
s 12 prescribes the monetary limit for committee expenditure in relation to Act s 47(1).
s 13 prescribes the amount of insurance cover under Act s 56(2).
s 14 prescribes the classes of referee order for the purposes of Act s 117(a)(ii).
Schedules 1 and 2 prescribe nomination and election mechanics to be used by bodies corporate under the Act (ss 7-8 reference schedule application).
Where the regulation prescribes an amount or method, the Act provision operates with the regulation’s figure or method. For substantive consequences (e.g. whether a committee exceeded its delegated power), the Act’s provision will be applied using the regulation’s prescribed numbers or procedures.
Interaction with the Acts Interpretation Act 1954
Section 15A references the Acts Interpretation Act 1954 s 48C(3) for rounding of amounts expressed as numbers of fee units. The regulation therefore uses a statutory interpretative rule from that Act to determine the dollar value of fee-unit-based fees.
Registrar and titles law
Section 5 and 6 intersect with land registration practice: registrar of titles’ directions about format and the duty to annotate original plans will interact with ordinary land title registration systems and conveyancing practice. The regulation does not rewrite land registration law but requires conformity to registrar directions as a precondition for registration actions under the Act.
Fee and tribunal law
Section 15 directs readers to Schedule 3 for fees payable to referees/tribunals and to bodies corporate. Those fee rules will interlock with tribunal practice and with the Act’s dispute-resolution procedures.
Section 16 (remission of referee’s fees) and s 16A (priority requests and refunds) interact with tribunal funding and fee remission practices; the referee’s discretion to excuse fees based on financial hardship is a procedural tool connected to tribunal access.
Conveyancing and disclosure regimes
The body corporate certificate content prescribed in s 10A interfaces with conveyancing processes, purchase contracts and disclosure obligations in property transactions. The regulation thereby shapes information available to purchasers and their advisers, and may affect contractual risk allocation and negotiations.
Transitional and repeal interaction
The regulation repeals the prior Building Units and Group Titles Regulation 1998 (s 17) and preserves forms approved under that repealed regulation as approved under the new regulation (s 18). This reduces transitional disruption for forms and ensures continuity where those forms are used in dealings that straddle the repeal.
What the regulation does not do
It does not amend the parent Act. It does not itself set out criminal penalties or create new causes of action beyond its administrative requirements; those are matters for the Act or other statutes.
It does not specify the content of the “approved form” in full detail (the approved form is an external item to be prescribed and maintained under the regulation/registrar’s practice). It does, however, set out an extensive minimum content list for the body corporate certificate (s 10A).
Overall, the regulation functions as the Act’s operational instrument. Users must read the relevant Act provisions together with this regulation to understand the full legal effect: the regulation fills in numbers, procedures, timing and documentary detail that the Act leaves to subordinate instrument-making.
Amendment history
The text of the regulation includes internal amendment notations indicating its legislative evolution. The in-document amendment notes provide the following patchwork of changes and insertions (list is drawn only from the text provided):
2008 commencement: The regulation began operation on 1 September 2008 (sec 2).
Repeal and transitional amendments:
The regulation repealed the Building Units and Group Titles Regulation 1998 (s 17) and preserved existing approved forms as approved under the new regulation (s 18). Section 18 was amended in 2009 (s 18 amd 2009 SL No. 157 s 4).
Definitions and administrative amendments:
Several definitions were amended by the 2021 Act No. 12, including inserting or amending references to “approved form” and “registrar” as noted in s 3 annotations (s 3 def approved form om 2021 Act No. 12 s 148 sch 3; s 3 def registrar om 2021 Act No. 12 s 148 sch 3).
Sections 5 and 6 were amended in 2021 (s 5 amd 2021 Act No. 12 s 148 sch 3; s 6 amd 2021 Act No. 12 s 148 sch 3).
Monetary and threshold amendments:
Section 13 (amount of insurance cover) was amended in 2015 (s 13 amd 2015 SL No. 146 s 4) to set the prescribed amount at $10 million.
Section 15 (fees) was amended across 2020, 2021 and 2022 (s 15 amd 2020 SL No. 143 s 24; 2021 Act No. 12 s 148 sch 3; 2022 SL No. 79 s 29), indicating changes to how fees are presented or linked to schedule 3.
Section 15A (rounding rules for fee units) was inserted in 2022 (s 15A ins 2022 SL No. 79 s 30).
Section 16 was amended in 2022 (s 16 amd 2022 SL No. 43 s 3), maintaining the referee’s power to remit fees for financial hardship.
Priority certificate and fee procedural amendments:
Section 16A was inserted in 2020 (s 16A ins 2020 SL No. 250 s 28 ; amd 2020 Act No. 38 s 38(1)) then omitted in 2022 (om 2022 SL No. 43 s 4) and then re-inserted/presented in 2025 (pres s 16A ins 2025 SL No. 50 s 29) per the notes in the text. The present version (as in the provided text) includes s 16A prescribing priority 24-hour body corporate certificate requests with fee and refund mechanics.
Recent insertions:
Section 10A, prescribing matters for the approved form for a body corporate certificate (Act s 40AA), is a 2024 insertion (s 10A ins 2024 SL No. 210 s 24).
Schedule amendments:
Schedule 1-sec 12 was amended in 2009 (s 12 amd 2009 SL No. 157 s 5), clarifying the content and requirements for ballot papers in Schedule 1.
The amendment notes in the text document each instance in-line rather than providing a consolidated amendment table. From the in-text notes you can tell the instrument has been actively maintained to: update definitions (2021), add detailed disclosure obligations (2024), calibrate fees and fee computation (2020-2022), and adjust tribunal fee remission and priority-request procedures (2020-2025). The presence of multiple amendments to fee and certificate rules indicates ongoing administrative fine-tuning in response to operational needs.
What the amendment history signals functionally
Periodic updates have been used to convert Act references into concrete figures or procedural mechanics (insurance amount, committee expenditure cap, rounding rules, priority certificate regimes).
The regulation has been used to expand disclosure obligations (s 10A, 2024) and to refine access to tribunal/referee processes via fee and remission rules (ss 15-16).
Transitional safeguards were included to preserve forms from the repealed 1998 regulation (s 18), thereby reducing administrative disruption.
Readers should consult consolidations or official legislative histories for precise dates, commencement details and the full text of prior versions if they need to track when particular operational rules took effect in relation to transactions or disputes that span amendment dates.
Litigation history
The regulation text supplied does not record any cases, judicial interpretations or tribunal decisions that apply to it. There are no judicial citations, no named decisions and no in-text case references. The instrument therefore contains no internal litigation history.
What this absence means practically
The regulation itself is primarily procedural and prescriptive. Disputes about its operation or meaning would typically be litigated under the parent Act’s dispute-resolution machinery , referees and tribunals , or, where necessary, in courts interpreting the Act and regulation together. The regulation references the referee/tribunal regime (s 15 scheduling of fees; s 16 remission of fees; s 14 classification of referee orders for s 117 of the Act), which indicates that contested interpretations or non-compliance issues are to be dealt with through those channels, not by self-executing criminal sanctions in the regulation.
The lack of recorded case law in the instrument itself does not mean there is no litigation in practice; it simply means the instrument’s text provides no named or cited cases. To obtain litigation history one would need to search tribunal and court records for cases citing this regulation or the particular provisions of the Act it operationalises.
Where disputes are likely to arise
Election and nomination disputes, given the detailed ballot mechanics prescribed in Schedules 1 and 2, will commonly travel to referees or tribunals if a party alleges procedural non-compliance.
Disputes about body corporate certificates and disclosure (s 10A) may appear in conveyancing-related litigation if a purchaser or their adviser claims an omission caused loss.
Disagreements about registrar annotation of plans and whether plans conform to approved form/directions may lead to litigation affecting title registration or the legal effect of plan amendments.
Challenges to fee decisions or fee remission where a referee exercised discretion under s 16 could be amenable to judicial review or tribunal appeal depending on the parent Act’s appeal pathways.
If litigation history is required for a specific provision, one must search the tribunal/court databases for cases citing the relevant regulation sections or schedules. The regulation’s references to the referee, tribunal and Act s 117 indicate the likely dispute-resolution forums but the text itself does not report outcomes.
Gotchas
The regulation contains numerous procedural and disclosure traps that commonly cause compliance failures or operational friction. Below are practical “gotchas” grounded in the specific text.
Two distinct election tracks (Schedule 1 vs Schedule 2)
Which schedule applies depends on the meeting type. Schedule 1 applies to first AGMs and certain meetings specified in s 7; Schedule 2 applies to second and subsequent AGMs (s 7-8). Practitioners must determine immediately which schedule governs a given meeting. Applying the wrong schedule changes who must distribute ballots, how and when, and may invalidate elections procedurally (see sch 1-sec 2 vs sch 2-sec 1 and sch 1-sec 9 vs sch 2-sec 10).
Secret ballot technicalities
Secret ballots are not just “tick and return”; they require separate sealed ballot paper envelopes and particulars envelopes, random drawing of ballot paper envelopes from a receptacle in open view, verification of particulars before opening, and strict sealing rules (schs 1 & 2, sec 9-13). Failure to follow each step , for example, opening ballot envelopes before all particulars envelopes are checked , may render the ballot challengeable.
Proper completion requirements are strict and differ for open and secret ballots
Open ballot papers must contain specific identifiers (voter name, lot number, proprietor name, capacity in which voting, nominated names for each position, signature) and must be handed to the chairperson (sch 1-sec 12(1); sch 2-sec 14(1)). Secret ballot particulars envelopes must state the same identifying information and include a sealed ballot paper envelope (sch 1-sec 13; sch 2-sec 15). Missing one element can make a ballot paper “improperly completed.”
Replacement ballot paper record-keeping
Under Schedule 2, if a ballot paper is unavailable the secretary must provide a replacement and make a written record of the reason, recipient and timing, and must show the record to the chairperson before counting (sch 2-sec 10(2)-(3)). Failure to make or produce this record is a procedural flaw.
Notice timing for nominations
Under sch 2-sec 1 the secretary must give a written notice inviting nominations 35 days before the anniversary of the first AGM. That is a precise deadline; missing it can affect eligibility of nominations and the validity of the electoral process.
Body corporate certificate content is comprehensive and specific
Section 10A requires a long list of matters to be disclosed in a certificate, including embedded electricity network arrangements, details about by-laws, insurance policies, sinking fund balances, recent statement of accounts and unpaid amounts linked to specific Act provisions (ss 10A(1)(o), (m), (n), (p) and (h)). Omitting any of these prescribed items could lead to post-contractual claims or tribunal proceedings.
Priority certificate fee and refund
Section 16A permits a 24-hour priority request that demands a priority fee; the fee must be refunded if the certificate is not provided within 24 hours. Administrative failure to meet the 24-hour deadline triggers a refund obligation. Practically, providers must build capacity and monitoring to meet the tight service-level requirement.
Registrar directions can vary format requirements
Section 5 requires conformity with registrar directions about required format. That gives the registrar discretion to set technical formatting expectations. Practitioners cannot rely on the regulation alone; they must check the registrar’s directions for current format specifications.
Use of formula for prescribed amount for improvements
Section 9 prescribes PA = 2,000 × L where L = number of lots. This linear formula can produce amounts that differ materially from actual costs. Bodies corporate and committees evaluating expenditure triggers under the Act must apply this formula correctly to know whether a proposed improvement exceeds the prescribed amount in the Act.
Records retention mismatch
Minutes must be retained until the incorporating plan is extinguished (s 10(a)), but books of account are retained for six years after adoption of the statement of accounts (s 10(b)). This means different triggers for disposal; misapplying the wrong retention period can cause accidental loss of required minutes or over-retention of financial records.
Committee expenditure threshold is low
The $200 cap for committee expenditure under s 47(1) is a low monetary threshold that many routine administrative tasks will exceed. Committees must be careful to secure general meeting authorisation for expenditures over $200 (s 12), otherwise they exceed delegated authority.
Insurance amount is a fixed statutory minimum
Section 13 establishes $10 million as the prescribed amount of cover under s 56(2). Bodies corporate must ensure insurance policies meet or exceed this statutory minimum; they cannot simply rely on market norms without checking compliance.
Schedules treat company nominees and capacity differently
Ballot materials must identify whether a nominee is a proprietor, a company nominee, or neither, and indicate who nominated a non-proprietor/non-company nominee (schs 1 & 2). Practical errors in these classifications can result in complaints about transparency.
Transitional forms carry forward
Section 18 takes forms approved under the repealed 1998 regulation to be approved under the new regulation. Users must still ensure those forms are current with any new content requirements (for example, s 10A’s new certificate matters) , forms carried forward may omit newly prescribed matters unless updated.
Each of these items is rooted in a specific section or schedule. Practitioners should treat the regulation’s procedural prescriptions as mandatory operational rules that must be followed strictly if an election, registration or certificate is to withstand scrutiny.
How to comply
Compliance requires a mix of document management, procedural checklists, and financial administration tailored to the specific duties the regulation prescribes. Below is a practical compliance roadmap mapped to the principal provisions.
Registration of relevant documents (s 5)
Action: Use only the approved form for plans, plans of amalgamation and notices of conversion. Before lodging a document with the registrar, check the current approved form and any directions issued by the registrar of titles about required format.
Who: Conveyancers, registered surveyors and solicitors preparing plans; registrars for issuing directions.
Risk mitigation: Maintain a process checklist to verify that every relevant document conforms to the registrar’s format directions prior to submission to avoid registration delay.
Registrar notifications and plan annotation (s 6)
Action: When a plan of amalgamation, resubdivision or notice of conversion is registered, confirm the registrar has charted diagram changes and, for amalgamations, amended lot entitlement schedules on the original plan.
Who: Registrar of titles performs the action; practitioners confirm via title searches.
Risk mitigation: Obtain official registry notification and review the annotated original plan as part of post-registration due diligence.
Nomination and election compliance (s 7-8, Schedules 1 and 2)
Action: Determine which schedule applies to the meeting (first AGM, special meetings per s 7, or subsequent AGMs per s 8). Follow the corresponding schedule step-by-step: sending required notices (sch 2-sec 1 , 35 days before anniversary where applicable), calling for nominations (sch 1-sec 2), ensuring nominees give written or verbal consent (sch 1-sec 3), distributing ballot papers and envelopes correctly (schs 1 & 2, sec 9-10), securing proper completion of ballot papers and particulars envelopes (schs 1 & 2, sec 12-15), and following the prescribed counting and tie-breaking procedures (schs 1 & 2, sec 11 & 14-16).
Who: Secretary (or chairperson under Schedule 1) primarily responsible for notices and ballot distribution; chairperson or appointed individual to open and count ballots.
Practical templates: Keep pre-approved ballot paper templates and particulars envelope templates aligned with the exact fields required in schs 1 & 2. Use a checklist for secret ballot opening steps (verify particulars, draw ballot envelopes randomly, open in open view).
Record-keeping: Under Schedule 2, log any replacement ballot papers with reason, recipient and timing, and present that record before counting (sch 2-sec 10(3)).
Financial limits and insurance (s 9, s 12, s 13)
Action: Apply the prescribed formula for improvements: PA = 2,000 × L (s 9). Use that value when determining whether a proposed improvement to common property falls under the Act’s prescribed thresholds. Ensure committee expenditure without meeting authorisation does not exceed $200 (s 12). Confirm the body corporate maintains insurance cover at least $10 million per s 13.
Who: Committee, treasurer, body corporate manager, insurance broker.
Operational steps: Before committing to improvements or repairs, compute PA and seek general meeting authorisation if the expenditure exceeds the value determined by the Act using the regulation’s formula. Review insurance renewals to confirm policy indemnity amounts meet the $10m minimum.
Record retention (s 10)
Action: Retain meeting minutes until the day the incorporating plan is extinguished under Act s 25(1) (s 10(a)). Retain books of account for six years after the day a statement of accounts prepared from the books is adopted by a general meeting (s 10(b)).
Who: Secretary, treasurer, body corporate manager.
Systems: Establish document management lifecycle procedures with triggers based on plan extinguishment or adoption dates for statement of accounts. Keep an indexed archive and ensure secure backup of minutes and financial records.
Body corporate certificate preparation (s 10A)
Action: Ensure the approved form for a body corporate certificate contains all prescribed matters in s 10A(1): lot and plan identification, secretary and body corporate manager contact details, amounts payable and unpaid to the body corporate, lot entitlements and aggregate entitlement, arrangements for letting and maintenance, consolidated by-laws, sinking fund balance, insurance details, the most recent statement of accounts, embedded electricity network arrangements, improvements that may create future maintenance responsibility, and personal property vested in the body corporate.
Who: Secretary, body corporate manager, treasurer, insurer, legal advisor.
Practical steps: Maintain a template certificate that is updated at least before each priority request window. For each item, maintain current supporting documents (insurance schedule, consolidated by-laws, statement of accounts). If the approved form permits attachments (s 10A(2)), attach consolidated by-laws and insurance schedules to the certificate.
Fee management and rounding rules (s 15, s 15A, s 16, s 16A)
Action: Consult Schedule 3 for applicable fees when lodging matters with referees or when requesting body corporate certificates (s 15). Apply rounding rules for fee-unit calculations per s 15A when translating fee units to dollar amounts. Include a priority fee if requesting a 24-hour certificate (s 16A), and be prepared to refund if the 24-hour target is not met.
Who: Applicant for certificate, secretary, referee, registrar.
Systems: Implement fee calculators that apply s 15A rounding rules automatically. Maintain processes to track 24-hour priority requests and issue refunds where required.
Exemptions under Act s 41(2) (s 11)
Action: When applying for an exemption under Act s 41(2), gather and lodge written notices from each proprietor entitled to vote but not voting indicating non-opposition to the resolution, as prescribed in s 11.
Who: Secretary or applicant body corporate; legal advisor to prepare application.
Evidence: Keep signed notices from each non-voting proprietor confirming non-opposition to support any exemption application.
Procedural training and checklists
Action: Train chairs, secretaries and committee members in the practical steps for votes, secret ballot mechanics, envelope handling and verification steps. Produce ready-to-use checklists for AGMs and extraordinary meetings covering nomination deadlines, ballot materials, opening protocols and post-count documentation.
Who: Body corporate manager or external governance adviser.
Rationale: Many challenges to elections arise from procedural lapses; standard operating procedures reduce risk.
Audit and compliance reviews
Action: Periodically audit compliance with retention, insurance minimums, certificate content and electoral processes. Ensure approved forms in use match the versions on file with the registrar if required.
Who: Body corporate manager, external auditor or legal adviser.
Frequency: Annual compliance check timed to AGMs and policy renewal dates.
Update forms after legislative amendments
Action: Monitor amendment history and keep templates aligned (s 10A is a recent insertion, and other amendments have altered fees and definitions). Make sure forms carried over from the 1998 regulation are updated where new disclosure requirements (for example s 10A) apply despite transitional saving (s 18).
Who: Secretary, legal counsel, registrar.
In sum, compliance is an administrative programme: identify which procedural track applies (Schedule 1 or 2), follow the schedules and section prescriptions exactly, ensure financial thresholds and insurance minimums are observed, keep required records for the prescribed periods, prepare and update body corporate certificates according to s 10A, manage fees with correct rounding and priority refund mechanics, and document every step with signed records and templates to minimise dispute risk.
The registrar of titles must make appropriate notification of the registration of a plan of amalgamation, plan of resubdivision or notice of conversion on the original plan for the plan of amalgamation, plan of resubdivision or notice of conversion (the original plan ).
Without limiting subsection (1) , the registrar of titles must—
chart the effect of registration on the diagram illustrating the lots, common property, or lots and common property, the subject of the original plan; and
for a plan of amalgamation—amend the schedule of lot entitlements to record the effect of registration.
s 6 amd 2021 Act No. 12 s 148 sch 3
(sec.6-ssec.1) The registrar of titles must make appropriate notification of the registration of a plan of amalgamation, plan of resubdivision or notice of conversion on the original plan for the plan of amalgamation, plan of resubdivision or notice of conversion (the original plan ).
(sec.6-ssec.2) Without limiting subsection (1) , the registrar of titles must— chart the effect of registration on the diagram illustrating the lots, common property, or lots and common property, the subject of the original plan; and for a plan of amalgamation—amend the schedule of lot entitlements to record the effect of registration.
(a) chart the effect of registration on the diagram illustrating the lots, common property, or lots and common property, the subject of the original plan; and
(b) for a plan of amalgamation—amend the schedule of lot entitlements to record the effect of registration.
pt.3 Nominations and elections
Nominations and elections
sec.7 Nominations and elections at first annual general meeting and other particular meetings
sec.7 Nominations and elections at first annual general meeting and other particular meetings
This section applies to the nomination and election of a chairperson, secretary, treasurer and other committee members of a body corporate—
at the body corporate’s first annual general meeting under section 29 (1) of the Act ; or
at an annual general meeting of the body corporate if, because of a resolution of the body corporate under section 41 (1) of the Act or a referee’s order under section 41 (4) or (4A) of the Act —
schedule 2 , part 2 , section 1 (4) (d) , (5) , (6) , (7) or (10) , 4 (b) , 5 (b) , 6 or 8 of the Act does not apply to the body corporate; or
schedule 4 , section 10 (f) of the Act does not apply to the body corporate; or
at an extraordinary general meeting of the body corporate under section 42 (5) (a) (i) of the Act ; or
at a meeting of the body corporate under section 43 (3) of the Act .
Schedule 1 applies to the nomination and election.
(sec.7-ssec.1) This section applies to the nomination and election of a chairperson, secretary, treasurer and other committee members of a body corporate— at the body corporate’s first annual general meeting under section 29 (1) of the Act ; or at an annual general meeting of the body corporate if, because of a resolution of the body corporate under section 41 (1) of the Act or a referee’s order under section 41 (4) or (4A) of the Act — schedule 2 , part 2 , section 1 (4) (d) , (5) , (6) , (7) or (10) , 4 (b) , 5 (b) , 6 or 8 of the Act does not apply to the body corporate; or schedule 4 , section 10 (f) of the Act does not apply to the body corporate; or at an extraordinary general meeting of the body corporate under section 42 (5) (a) (i) of the Act ; or at a meeting of the body corporate under section 43 (3) of the Act .
(sec.7-ssec.2) Schedule 1 applies to the nomination and election.
(a) at the body corporate’s first annual general meeting under section 29 (1) of the Act ; or
(b) at an annual general meeting of the body corporate if, because of a resolution of the body corporate under section 41 (1) of the Act or a referee’s order under section 41 (4) or (4A) of the Act — (i) schedule 2 , part 2 , section 1 (4) (d) , (5) , (6) , (7) or (10) , 4 (b) , 5 (b) , 6 or 8 of the Act does not apply to the body corporate; or (ii) schedule 4 , section 10 (f) of the Act does not apply to the body corporate; or
(i) schedule 2 , part 2 , section 1 (4) (d) , (5) , (6) , (7) or (10) , 4 (b) , 5 (b) , 6 or 8 of the Act does not apply to the body corporate; or
(ii) schedule 4 , section 10 (f) of the Act does not apply to the body corporate; or
(c) at an extraordinary general meeting of the body corporate under section 42 (5) (a) (i) of the Act ; or
(d) at a meeting of the body corporate under section 43 (3) of the Act .
(i) schedule 2 , part 2 , section 1 (4) (d) , (5) , (6) , (7) or (10) , 4 (b) , 5 (b) , 6 or 8 of the Act does not apply to the body corporate; or
(ii) schedule 4 , section 10 (f) of the Act does not apply to the body corporate; or
sec.8 Nominations at second or subsequent annual general meetings
sec.8 Nominations at second or subsequent annual general meetings
This section applies to the nomination and election of a chairperson, secretary, treasurer and other committee members of a body corporate at an annual general meeting of the body corporate other than an annual general meeting mentioned in section 7 (1) (a) or (b) .
Schedule 2 applies to the nomination and election.
(sec.8-ssec.1) This section applies to the nomination and election of a chairperson, secretary, treasurer and other committee members of a body corporate at an annual general meeting of the body corporate other than an annual general meeting mentioned in section 7 (1) (a) or (b) .
(sec.8-ssec.2) Schedule 2 applies to the nomination and election.
pt.4 Miscellaneous
Miscellaneous
sec.9 Cost of improvements— Act , s 37 (2) (g) (i)
sec.9 Cost of improvements— Act , s 37 (2) (g) (i)
For section 37 (2) (g) (i) of the Act , the prescribed amount, for the cost of improvements made to common property, is the amount worked out by using the formula—
$PA = 2,000 x L
where—
L means the number of lots the subject of the plan that includes the common property.
PA means the prescribed amount in dollars.
sec.10 Retaining records— Act , s 38D (1) (b)
sec.10 Retaining records— Act , s 38D (1) (b)
For section 38D (1) (b) of the Act , the prescribed time is—
for minutes of meetings of a body corporate—until the day the plan whose registration incorporated the body corporate is extinguished under section 25 (1) of the Act ; and
for books of account of a body corporate—6 years after the day a statement of accounts prepared from the books of account is adopted by a general meeting of the body corporate.
(a) for minutes of meetings of a body corporate—until the day the plan whose registration incorporated the body corporate is extinguished under section 25 (1) of the Act ; and
(b) for books of account of a body corporate—6 years after the day a statement of accounts prepared from the books of account is adopted by a general meeting of the body corporate.
sec.10A Matters that must be included in approved form for body corporate certificate— Act , s 40AA
sec.10A Matters that must be included in approved form for body corporate certificate— Act , s 40AA
For section 40AA (5) (a) of the Act , the following matters relating to a lot are prescribed—
details of the lot, including—
whether the lot is shown on a building units plan or a group titles plan; and
the lot number and plan number;
details of the plan, including—
the name of the building or parcel endorsed on the plan; and
the number of the plan; and
the specified Act that applies in relation to the plan;
the name and contact details of the secretary of the body corporate;
the name and contact details of any body corporate manager for the body corporate;
amounts associated with ownership of the lot that are payable to the body corporate, including amounts payable under a by-law made under section 30 (7) of the Act ;
contributions determined by the body corporate under section 38A (1) , (2) , (3) and (5) of the Act ;
an amount determined under section 38A (4) of the Act ;
any unpaid amount of—
an amount payable under a by-law made under section 30 (7) of the Act ; or
an amount recoverable under section 33 (3) or (4) of the Act ; or
a contribution levied under section 38B of the Act ; or
a contribution levied under section 124 (2) of the Act ; or
another amount associated with ownership of the lot that is payable to the body corporate;
the lot entitlement of every lot the subject of the plan;
the aggregate lot entitlement for the plan;
any arrangement entered into between the body corporate and another entity for the conduct of a business by the entity of letting lots on behalf of proprietors;
any arrangement that—
is entered into between the body corporate and an entity who has entered into an arrangement mentioned in paragraph (k) ; and
is for the entity to carry out maintenance and repair for which the body corporate is responsible;
the by-laws in force for the plan;
the body corporate’s sinking fund balance;
the insurance held by the body corporate;
the most recent statement of accounts prepared under section 38D (1) (c) of the Act ;
any arrangement to supply electricity to proprietors of lots or occupiers of lots through an embedded electricity network;
improvements in or on the common property for which a person will become responsible under section 37A (2) of the Act for properly maintaining and keeping in a state of good and serviceable repair if the person becomes the proprietor of the lot;
personal property vested in the body corporate.
The approved form may include provision for the following documents to be given with the form—
a document stating the details of each insurance policy held by the body corporate;
a document setting out the by-laws mentioned in subsection (1) (m) in consolidated form;
a copy of the statement of accounts mentioned in subsection (1) (p) .
In this section—
specified Act see section 5A (3) of the Act .
s 10A ins 2024 SL No. 210 s 24
(sec.10A-ssec.1) For section 40AA (5) (a) of the Act , the following matters relating to a lot are prescribed— details of the lot, including— whether the lot is shown on a building units plan or a group titles plan; and the lot number and plan number; details of the plan, including— the name of the building or parcel endorsed on the plan; and the number of the plan; and the specified Act that applies in relation to the plan; the name and contact details of the secretary of the body corporate; the name and contact details of any body corporate manager for the body corporate; amounts associated with ownership of the lot that are payable to the body corporate, including amounts payable under a by-law made under section 30 (7) of the Act ; contributions determined by the body corporate under section 38A (1) , (2) , (3) and (5) of the Act ; an amount determined under section 38A (4) of the Act ; any unpaid amount of— an amount payable under a by-law made under section 30 (7) of the Act ; or an amount recoverable under section 33 (3) or (4) of the Act ; or a contribution levied under section 38B of the Act ; or a contribution levied under section 124 (2) of the Act ; or another amount associated with ownership of the lot that is payable to the body corporate; the lot entitlement of every lot the subject of the plan; the aggregate lot entitlement for the plan; any arrangement entered into between the body corporate and another entity for the conduct of a business by the entity of letting lots on behalf of proprietors; any arrangement that— is entered into between the body corporate and an entity who has entered into an arrangement mentioned in paragraph (k) ; and is for the entity to carry out maintenance and repair for which the body corporate is responsible; the by-laws in force for the plan; the body corporate’s sinking fund balance; the insurance held by the body corporate; the most recent statement of accounts prepared under section 38D (1) (c) of the Act ; any arrangement to supply electricity to proprietors of lots or occupiers of lots through an embedded electricity network; improvements in or on the common property for which a person will become responsible under section 37A (2) of the Act for properly maintaining and keeping in a state of good and serviceable repair if the person becomes the proprietor of the lot; personal property vested in the body corporate.
(sec.10A-ssec.2) The approved form may include provision for the following documents to be given with the form— a document stating the details of each insurance policy held by the body corporate; a document setting out the by-laws mentioned in subsection (1) (m) in consolidated form; a copy of the statement of accounts mentioned in subsection (1) (p) .
(sec.10A-ssec.3) In this section— specified Act see section 5A (3) of the Act .
(a) details of the lot, including— (i) whether the lot is shown on a building units plan or a group titles plan; and (ii) the lot number and plan number;
(i) whether the lot is shown on a building units plan o
This is an opening excerpt, not the complete document.