NORTHERN TERRITORY OF AUSTRALIA
CULLEN BAY MARINA REGULATIONS 1993
As in force at 31 July 2024
Table of provisions
Part 1 Preliminary
1 Citation ............................................................................................ 1
2 Interpretation ................................................................................... 1
Part 2 Management Corporation and committee
Division 1 General
3 Joint owners and body corporate members may appoint
representative .................................................................................. 2
4 Seal of Management Corporation .................................................... 2
5 Address of Management Corporation .............................................. 3
6 Management Corporation to act through committee........................ 3
Division 2 Functions and powers of Management
Corporation
7 Functions of Management Corporation ........................................... 3
8 Powers of Management Corporation ............................................... 4
9 Records to be kept .......................................................................... 4
10 Management Corporation roll .......................................................... 5
11 Proper books of account to be kept ................................................. 6
12 Determination of contributions ......................................................... 7
13 Levy of contributions........................................................................ 8
14 Administrative Fund and Sinking Fund ............................................ 9
15 Banking and investment of Corporation money ............................. 10
16 Management Corporation's power to borrow ................................. 10
17 Apportionment of expenditure in respect of staged
development .................................................................................. 11
18 Statement of members' liability to Management Corporation
and inspection of documents ......................................................... 11
19 Improvements to common property ............................................... 13
20 Breaches may be remedied ........................................................... 13
21 Agreements with members ............................................................ 13
22 Special privileges relating to common property ............................. 13
23 Power of entry ............................................................................... 14
24 Recovery for certain acts ............................................................... 14
25 Recovery of expenditure resulting from fault ................................. 15
26 Liability of co-owners ..................................................................... 15
27 Restrictions on powers of Management Corporation ..................... 15
Cullen Bay Marina Regulations 1993 ii
Division 3 Committee of Management Corporation
28 Constitution of committee before first annual general meeting ...... 16
29 Constitution of committee after first annual general meeting ......... 16
30 Vacation of office of member of committee.................................... 17
31 Meetings of committee .................................................................. 18
32 Chairperson, Secretary and Treasurer .......................................... 18
33 Powers and functions of Treasurer ................................................ 19
34 Delegation by Treasurer ................................................................ 20
35 Committee's decisions to be decisions of Management
Corporation .................................................................................... 20
36 Statutory restrictions on powers of committee ............................... 21
37 Restrictions imposed on committee by Management
Corporation .................................................................................... 22
38 Delegation by committee ............................................................... 22
39 Employees ..................................................................................... 22
40 Records to be kept by committee .................................................. 23
41 Validity of acts of committee .......................................................... 23
Division 4 General meetings of Management Corporation
42 Annual general meetings ............................................................... 24
43 First annual general meeting ......................................................... 24
44 General meeting after registration of second or subsequent
completed stage of development ................................................... 25
45 Convening of general meeting other than first annual general
meeting .......................................................................................... 25
46 Notice of general meetings ............................................................ 26
47 Quorum at general meeting ........................................................... 27
48 Scrutineers .................................................................................... 27
49 Chairperson to have names of persons entitled to vote ................. 27
Division 5 Voting at general meetings
50 Voting by members........................................................................ 27
51 Methods of voting .......................................................................... 28
52 Resolutions .................................................................................... 28
53 Limitation on voting power of Developer........................................ 29
54 Voting by mortgagees .................................................................... 29
55 Restrictions on motions and nominations ...................................... 30
56 Declaration by Chairperson of result of voting ............................... 31
57 Polls ............................................................................................... 31
58 Votes may be cast personally or by proxy ..................................... 31
59 Limits on voting by proxy or as nominee ....................................... 31
60 Voting by Chairperson ................................................................... 32
61 No vote unless dues paid .............................................................. 32
62 Absentee votes on resolutions without dissent .............................. 33
63 Joint voters .................................................................................... 33
64 Capacity to vote ............................................................................. 33
Cullen Bay Marina Regulations 1993 iii
65 Amendment or revocation of certain resolutions............................ 34
Part 3 Duties of owners and occupiers
66 Duties of owners and occupiers of lots .......................................... 34
67 Notice to Management Corporation ............................................... 35
Part 4 Insurance
68 Insurance by Management Corporation ........................................ 35
69 Insurable interests of Management Corporation ............................ 37
Part 4A Subdivision and consolidation of lots
69A Method of subdivision and consolidation ....................................... 37
69B Form and contents of plan ............................................................. 37
69C Lot entitlements ............................................................................. 38
Part 5 Miscellaneous
70 Facilities for service of documents................................................. 38
71 Service of documents .................................................................... 38
72 Fences ........................................................................................... 39
Part 6 Transitional matters for Justice Legislation
Amendment Regulations 2024
73 Chairperson and Deputy Chairperson continue ............................. 39
ENDNOTES
NORTHERN TERRITORY OF AUSTRALIA
As in force at 31 July 2024
CULLEN BAY MARINA REGULATIONS 1993
Regulations under the Cullen Bay Marina Act 1992
Part 1 Preliminary
1 Citation
These Regulations may be cited as the Cullen Bay Marina
Regulations 1993.
2 Interpretation
In these Regulations, unless the contrary intention appears:
administrative fund means the Administrative Fund established by
the Management Corporation under regulation 14.
Chairperson means the person elected as Chairperson under
regulation 32.
committee means the committee of the Management Corporation
constituted under regulation 28 or 29, as the case requires.
corporation manager means the person appointed under
regulation 39 to be the corporation manager.
initial period means the period ending 3 months after the day on
which the Management Corporation is constituted or the day on
which there are owners (other than the Developer) of lots the
subject of the lots plan the sum of whose lot entitlements is not less
than one third of the aggregate lot entitlement, whichever is the
later.
jointly owned, in relation to a lot, means ownership of the lot by
2 or more persons whether as joint tenants or as tenants in
common.
maintenance means keeping in a state of good repair within the
meaning of regulation 7(c) and (d) and includes painting, renewal or
replacement of fixtures and fittings where necessary and
surveillance of water quality.
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Division 1 General
Cullen Bay Marina Regulations 1993 2
ordinary resolution, see regulation 52(1).
resolution without dissent, see regulation 52(3).
roll means the roll referred to in regulation 10.
secretary means the person elected as secretary under
regulation 32.
sinking fund means the Sinking Fund established by the
Management Corporation under regulation 14.
special resolution, see regulation 52(2).
treasurer means the person elected as treasurer under
regulation 32.
Part 2 Management Corporation and committee
Division 1 General
3 Joint owners and body corporate members may appoint
representative
(1) Where a lot is jointly owned or is owned by a body corporate, the
owners shall, from time to time, by notice in writing to the
Chairperson, appoint a person to represent them for the purposes
of this Division and Divisions 3, 4 and 5 (other than regulations 46,
61, 62 and 63) and, in that event, those Divisions apply as if the
person were the owner of the lot.
(2) The appointment of a person under subsection (1) has effect until
the Chairperson receives notice in writing from the owner of the lot
of the cancellation of the appointment or of the appointment of
another person.
4 Seal of Management Corporation
(1) The common seal of the Management Corporation shall be kept in
accordance with the directions of the committee.
(2) The seal shall be used only by the authority of the committee and
shall be affixed to an instrument or document in the presence of the
secretary and at least one other committee member or, in the
absence of the secretary, two committee members, who shall attest
that fact and the date of the affixing of the seal by their signatures.
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(3) Notwithstanding subregulations (1) and (2), a committee member
shall, for the purpose of exercising a power or performing a function
delegated to the member under regulation 38, be entitled to have
the custody of the common seal of the Management Corporation
and to affix it to an instrument or document, and where the member
so affixes it, shall attest the fact and the date of the affixing of the
seal by his or her signature.
(4) Where a committee member referred to in subregulation (3) has
affixed the common seal of the Management Corporation to a
document, the member shall be taken to have done so under the
authority of a delegation made under regulation 38.
5 Address of Management Corporation
(1) Until amended in accordance with subregulation (2), the address for
service of notices on the Management Corporation shall be the
address on the lot plan.
(2) Where the Management Corporation in a general meeting resolves
to change its address for the service of notices it shall, as soon as
practicable, notify the Registrar-General in accordance with the
Land Title Act 2000 and the Registrar-General shall make the
necessary amendments to the Registrar-General's records
accordingly.
6 Management Corporation to act through committee
(1) On and after the constitution of the Management Corporation, there
shall be a committee of the Corporation, constituted in accordance
with regulation 28 or 29 as the case requires, that may, subject to
these Regulations, exercise the powers and perform the functions
imposed or conferred on the Corporation.
(2) The powers and functions referred to in subregulation (1) shall be
exercised or performed by the committee in such manner as the
Management Corporation, by resolution passed at a general
meeting, directs or, in the absence of such a resolution, in such
manner as the committee thinks fit.
Division 2 Functions and powers of Management Corporation
7 Functions of Management Corporation
The functions of the Management Corporation include:
(a) the enforcement of the By-laws;
(b) the implementing of the decisions of the Corporation;
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(c) the control, management and administration of the common
property, including the maintenance of apparatus and
equipment of any kind used or intended, adapted or designed
for use in the provision of services in respect of, or for the use
and enjoyment of, the common property, the mooring basin
and associated activities including the mooring, servicing,
provisioning and fuelling of marine vessels; and
(d) the maintenance in a state of good repair and proper order of
the common property and all chattels in its possession,
custody or control, including personal property vested in the
Corporation.
8 Powers of Management Corporation
(1) The Management Corporation has the powers and functions
conferred or imposed on it by or under the Act and these
Regulations and, subject thereto, has the control, management and
administration of the common property.
(2) The Management Corporation may do such things as are incidental
or ancillary to the exercise of its powers and the performance of its
functions.
9 Records to be kept
(1) The Management Corporation shall cause to be kept proper
records of:
(a) notices under these Regulations or any other Act, given by or
to the Corporation; and
(b) orders made by a court or tribunal and served on the
Corporation.
(2) The Management Corporation shall cause to be kept and
maintained, for not less than 10 years:
(a) minutes of its meetings which shall include particulars of
motions passed at its meetings;
(b) its books of accounts; and
(c) the records referred to in subregulation (1).
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10 Management Corporation roll
(1) The Management Corporation shall prepare and maintain a roll
which shall include:
(a) a copy of the By-laws;
(b) a copy of insurance policies relating to the common property;
and
(c) particulars in relation to each lot.
(2) The Management Corporation shall maintain the roll:
(a) in such form or combination of forms;
(b) in such medium or combination of mediums; and
(c) in such manner,
as it thinks fit.
(3) A reference to a medium in subregulation (2) includes, but is not
limited to, a computer, micro film or paper.
(4) In relation to subregulation (1)(c), particulars relating to each lot
shall be entered on a separate page or part of the roll.
(5) The information required to be entered in the roll relating to a lot
shall include particulars of:
(a) the lot entitlement;
(b) the name and address of:
(i) the owner of the lot for the service of notices; and
(ii) the person appointed by the owner by notice in writing
given to the Management Corporation to represent the
member at meetings of the Corporation;
(c) if the lot is in possession of a mortgagee, the entry into
possession of the lot by the mortgagee in accordance with a
written notice given to the Management Corporation; and
(d) the name and address of a person who has become entitled,
other than as a transferee, to the lot in accordance with a
written notice given to the Management Corporation.
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(6) The information required to be entered in the part of the roll relating
to the common property shall include a copy of each policy of
insurance in relation to the common property which shall include
particulars of:
(a) the name of the insurance company and the number of the
policy;
(b) the nature of the risk insured against and the amount of the
insurance; and
(c) the date on which the premium was last paid, the amount of
the premium and the due date for payment.
(7) For the purposes of this regulation:
(a) an owner or the mortgagee of a lot;
(b) a person authorised in writing by the owner or mortgagee of a
lot; or
(c) a person who signs (by himself or by his agent) a contract for
sale or other instrument that is intended to bind the person
(absolutely or conditionally) to purchase a lot in respect of
which the application is made from the owner of that lot or a
person authorised in writing by the first mentioned person,
may, at a reasonable time, on payment of a reasonable fee
determined by the Management Corporation, inspect that part of
the roll, or obtain from the Management Corporation a copy of that
part of the roll, relating to the lot.
11 Proper books of account to be kept
(1) The Management Corporation shall keep proper books of account
in respect of money received or expended by the Corporation,
showing the items in respect of which the money was received or
expended.
(2) The Management Corporation shall cause to be prepared from the
account books a proper statement of accounts of the Corporation in
respect of each period commencing on the date of its incorporation
or the date to which the previous statement was prepared and
ending on a date not earlier than 3 months before each annual
general meeting.
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12 Determination of contributions
(1) The Management Corporation shall, within one month after the
expiration of the initial period, and from time to time as it thinks fit,
determine the amount necessary to be raised for the period (not
exceeding 12 months) specified in the determination, by way of
contributions for the purpose of meeting the liabilities that the
Corporation may reasonably be expected to incur or that it has
incurred during the period including:
(a) costs incurred in exercising its powers and performing its
functions under these Regulations, other than liabilities
referred to in subregulation (2);
(b) the costs of carrying out maintenance of the common property
and all chattels in its possession, custody or control including
personal property vested in the Corporation; and
(c) the payment of premiums for insurance of the common
property.
(2) The Management Corporation shall, within 12 months after the
expiration of the initial period and from time to time as it thinks fit,
determine the amount necessary to be raised for the period (not
exceeding 12 months) specified in the determination, by way of
contributions for the purpose of meeting the Corporation's actual or
expected liabilities in respect of:
(a) the maintenance of part of the common property that is a
building, wall or other structure;
(b) subject to regulations 19 and 36, improvements to the
common property;
(c) the acquisition of personal property;
(d) the renewal or replacement of fixtures or fittings comprised in
the common property or in personal property vested in the
Corporation;
(e) money in respect of a liability that the Corporation is not in a
position to pay immediately and for which it is not required to
levy contributions to meet the liability; or
(f) liabilities expected to be incurred in relation to which payment
is to be made out of the sinking fund.
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(3) Where the Management Corporation becomes liable for a sum for
which it has insufficient funds to enable it to pay, it shall determine
the amount necessary to be raised by way of contributions for the
purpose of meeting the liability.
(4) A determination made by the Management Corporation under this
regulation may specify that the amounts to be raised shall be raised
by regular periodic contributions as specified in the determination.
13 Levy of contributions
(1) The Management Corporation shall, from time to time, by notice in
writing served on each person liable for its payment, levy
contributions payable under these regulations in respect of each lot.
(2) Subject to subregulation (5), the contribution shall be levied on the
person liable for the contribution to raise the amounts referred to in
regulation 12 in the same proportion as the lot entitlement of his or
her lot, as at the date of the determination, bears to the aggregate
lot entitlement of all the lots at that date.
(3) The notice shall specify the amount, the time for and the manner of
payment, of the contributions.
(4) Where the developer is the owner of a lot the developer is
responsible for payment of contributions.
(5) Where an expenditure relates to a specific liability under
regulation 12(2)(e), and for which it has no funds, the Management
Corporation may determine, by special resolution, that contributions
for the expenditure may be in a proportion other than the lot
entitlement of each lot.
(6) The owner of a lot is liable, jointly and severally with a person who
was liable to pay a contribution levied under these Regulations
when the owner became the owner of the lot, to pay such part of
the contribution that remained unpaid when he or she became the
owner.
(7) The owner of a lot is liable for the regular periodic contributions
referred to in regulation 12(4) to the administrative fund and sinking
fund duly levied on the owner, whether or not the notice of the levy
of the contributions was served on the owner.
(8) Without affecting the liability of the owner of the lot, where a
mortgagee is in possession of a lot, the mortgagee is liable jointly
and severally with the owner for a contribution on the lot levied
under these Regulations.
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(9) A contribution levied under this regulation:
(a) becomes due and payable to the Management Corporation in
accordance with the Corporation's determination to make the
levy;
(b) bears interest compounding monthly at the rate of 10% per
year, or such lesser amount as the Corporation, by special
resolution, determines; and
(c) may be recovered as a debt by the Corporation in a court of
competent jurisdiction, and recovery may include such
reasonable costs, if any, as the court allows.
(10) Interest paid under subregulation (9)(b) shall form part of the fund
to which the contribution belongs.
14 Administrative Fund and Sinking Fund
(1) The Management Corporation shall establish a fund to be known as
the Administrative Fund.
(2) The Management Corporation shall pay into the administrative fund
the following:
(a) the amounts paid as contributions determined under
regulation 12(1);
(b) amounts received by the Corporation, including proceeds of
the sale or disposal of the Corporation's personal property;
(c) fees paid under regulation 10(7) or 18(2);
(d) amounts paid to it by way of discharge of insurance claims.
(3) The Management Corporation shall establish a fund to be known as
the Sinking Fund.
(4) The Management Corporation shall pay into the sinking fund the
following:
(a) the amounts paid as contributions determined under
regulation 12(2);
(b) amounts paid to it by way of discharge of insurance claims not
paid into the administrative fund;
(c) any amounts received by the Corporation and not payable or
paid into the administrative fund.
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(5) Interest received on an investment made under this regulation shall
form part of the fund from which the money to make the investment
was expended.
(6) Subject to subregulation (7), the Management Corporation shall not
disburse money:
(a) from the administrative fund except for the purpose of meeting
liabilities referred to in regulation 12(1); or
(b) from the sinking fund except for the purpose of meeting
liabilities referred to in regulation 12(2).
(7) The Management Corporation shall not disburse money from the
administrative fund or the sinking fund except for the purpose of
carrying out its powers and functions under these Regulations.
15 Banking and investment of Corporation money
(1) The Management Corporation shall open and maintain ADI
accounts for its administrative and sinking funds and shall pay into
the relevant account all money received by it and shall pay from the
relevant account all money expended by it.
(2) Subject to subregulation (3), the Management Corporation's money
may be invested:
(a) in such manner as trust funds may be invested under the
Trustee Act 1893; or
(b) in such other manner as is authorised by a special resolution.
(3) The Management Corporation shall not invest its money in
mortgage of land.
(4) No moneys shall be paid out of an account referred to in this
regulation except on the authority of the Management Corporation.
16 Management Corporation's power to borrow
The Management Corporation may, if authorised by special
resolution:
(a) borrow money required by it for the purpose of performing its
duties or functions or exercising its powers; and
(b) secure the repayment of money borrowed by it and the
payment of interest on the money,
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on such terms and conditions relating to the security, repayment
and interest in such manner as is agreed between the Corporation
and the lender.
17 Apportionment of expenditure in respect of staged
development
Notwithstanding anything in this Part, money due to or held by the
Management Corporation immediately before the grant of freehold
title to land relating to a second or subsequent completed stage of
the development shall be apportioned for expenditure on or in
relation to the completed lots and common property in the
development immediately before the grant of the freehold title to
land relating to the second or subsequent completed stage of the
development.
18 Statement of members' liability to Management Corporation
and inspection of documents
(1) A person referred to in regulation 10(7) may apply to the
Management Corporation in relation to any matter referred to in
subregulation (3).
(2) An application under subregulation (1) shall be in writing
accompanied by a fee, not exceeding the reasonable cost to the
Management Corporation of providing the information or making
available the books and records, as the Corporation determines by
resolution.
(3) The matters in relation to which an application may be made under
this regulation include:
(a) the name and address of each person who is the Chairperson,
secretary or treasurer or a member of the committee;
(b) inspection of:
(i) the relevant part of the roll;
(ii) the notices and orders referred to in regulation 9;
(iii) the plans, specifications, certificates, diagrams and other
documents required under these Regulations;
(iv) the minutes of general meetings of the Management
Corporation and of the committee;
(v) the books of account of the Management Corporation;
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(vi) a copy of the statement of accounts of the Management
Corporation last prepared by it in accordance with
regulation 11(2);
(vii) every current policy of insurance effected by the
Management Corporation and the receipt for the
premium last paid in respect of each policy;
(viii) any other record or document in the custody or under
the control of the Management Corporation; and
(ix) the By-laws;
(c) the provision of a certificate relating to the lot for which the
application was made as to:
(i) the amount of regular periodic contributions determined
by the Management Corporation under regulation 12(1)
and (2) and the periods for which the contributions are
payable; and
(ii) the amount, if any, that remains unpaid of a contribution
levied under regulation 12; and
(d) the provision of a copy of the By-laws.
(4) The Management Corporation shall, as soon as reasonably
practicable after receipt of an application:
(a) provide the information requested; or
(b) make available the books and records of the Corporation for
inspection, and give the applicant reasonable opportunity to
make the inspection.
Maximum penalty: 3.5 penalty units.
(5) Where the Management Corporation and the applicant fail, within
3 days after receipt of the application by the Corporation, to agree
on the time and place at which an inspection under
subregulation (3)(b) is to take place, the Corporation shall, without
delay, by notice sent by post to the applicant or his or her agent, fix
a day for the inspection, not later than 10 days after receipt of the
application, and time, between 9 a.m. and 8 p.m., specified in the
notice.
(6) In this regulation inspect, in relation to a document, includes
making copies of or taking extracts from the document.
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19 Improvements to common property
(1) The Management Corporation may make or cause to be made
improvements to the common property where:
(a) the Corporation, by resolution without dissent, so resolves;
(b) the Corporation resolves by special resolution in general
meeting that the improvements are essential for the health,
safety or security of users of the common property; or
(c) the costs of the improvements in a particular case do not
exceed the amount calculated under subregulation (2).
(2) For the purposes of subregulation (1)(c), the cost of the
improvement shall not exceed the amount obtained using $200 as
the multiplicand and the number of lots (other than the common
property) in the lot plan as the multiplier.
20 Breaches may be remedied
(1) Where a person commits a breach, by act or omission, of these
Regulations, the Management Corporation may serve on the
person a notice in writing giving particulars of the breach and
requiring the person to remedy it within a reasonable time specified
in the notice.
(2) Where the person on whom the notice under subregulation (1) has
been served fails to comply with the notice, the Management
Corporation may remedy the breach.
21 Agreements with members
The Management Corporation may, if authorised by a special
resolution, enter into and carry out an agreement with the owner or
occupier of a lot providing for the repair or maintenance of the lot or
for the provision of amenities or services by the Corporation to the
lot or to the owner or occupier.
22 Special privileges relating to common property
(1) The Management Corporation may, if authorised by a special
resolution, grant to a member or a person who has derived an
interest in a lot through a member, a special privilege, other than a
lease, in respect of the enjoyment of a part of the common property.
(2) A grant under subregulation (1) may be terminated in accordance
with an ordinary resolution by notice in writing given by the
Management Corporation to the grantee.
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23 Power of entry
(1) The Management Corporation may, by its employees, agents or
contractors, enter a lot:
(a) to exercise its powers under these Regulations;
(b) to do any work required to be carried out by the Corporation in
accordance with a notice given by a statutory corporation or a
municipal authority; or
(c) to renew or replace its personal property or fixtures that are
part of the common property.
(2) The power to enter referred to in subregulation (1) may be
exercised by the Management Corporation:
(a) in an emergency – at any time; or
(b) in any other case – at a reasonable time after notice in writing
has been given to the owner or occupier of a lot that is likely to
be affected.
(3) Where the owner of a lot is a member of a body corporate the
owner or an occupier of the lot shall be taken to have received a
notice referred to in subregulation (2)(b) if the notice is sent to the
body corporate by prepaid post to the last address entered on the
roll.
(4) A person shall not obstruct or hinder the Management Corporation
in the exercise of its powers under this Regulation.
Maximum penalty for an offence against this subregulation:
1.7 penalty units.
24 Recovery for certain acts
(1) Where the Management Corporation has performed an act that it
was required or authorised by these Regulations or any other law in
force in the Territory to perform, and that related to one lot only or
some of the lots only, the money expended by the Corporation in
performing that act is recoverable by the Corporation as a debt from
the owner or owners for the time being of that lot or those lots.
(2) Where the act referred to in subregulation (1) related to some of the
lots only, the amount recoverable from an owner in respect of a lot
bears to the whole amount of the debt the same proportion as the
lot entitlement of the lot bears to the aggregate lot entitlement of all
those lots.
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(3) For the purposes of this regulation:
(a) act includes repairs and work; and
(b) an act shall be deemed to relate to a lot if, but only if, the act is
wholly or substantially for the benefit of the lot or wholly or
substantially the liability or the responsibility of the owner of
the lot.
25 Recovery of expenditure resulting from fault
Where the Management Corporation has incurred expenditure or
performed any repairs, work or act that it was required or
authorised by these Regulations or any other law in force in the
Territory, to perform, the expenditure, repairs, work or act having
been rendered necessary by reason of a wilful or negligent act or
omission on the part of an owner, the amount of the expenditure, or
of money expended by the Corporation in performing the repairs,
work or act, is recoverable by it from the owner as a debt.
26 Liability of co-owners
Where a lot is jointly owned and an amount is recoverable under
regulations 12, 13, 24 or 25 from the owner of the lot, the liability of
the persons in respect of the payment of the amount is joint and
several.
27 Restrictions on powers of Management Corporation
(1) Notwithstanding anything contained elsewhere in these
Regulations, the Management Corporation shall not, during the
initial period:
(a) alter the common property or erect a structure on the common
property; or
(b) borrow money or give securities,
unless the doing of the thing is authorised by an order of a court or
tribunal.
(2) Without affecting any other remedy available against the Developer,
where the Management Corporation contravenes subregulation (1):
(a) the Developer is liable for a loss suffered by the Corporation
or an owner of a lot as a result of the contravention; and
(b) the Corporation or an owner may recover from the Developer,
as damages for breach of statutory duty, a loss suffered by it
or him or her,
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Cullen Bay Marina Regulations 1993 16
unless:
(c) the contravention occurred without the knowledge of the
Developer;
(d) the Developer was not in a position to influence the conduct of
the Corporation in relation to the contravention; or
(e) the Developer, being in such a position, used due diligence to
prevent the contravention.
Division 3 Committee of Management Corporation
28 Constitution of committee before first annual general meeting
(1) Until the first annual general meeting, the committee consists of all
the members of the Management Corporation.
(2) Until the first annual general meeting, the committee shall not
perform a duty or function imposed, or exercise a power conferred,
on the Management Corporation unless it is authorised by a special
resolution to do so.
29 Constitution of committee after first annual general meeting
(1) After the first annual general meeting the committee shall consist of
such number of eligible persons, being not less than 4 nor more
than 12, as are elected by the persons who are owners of lots.
(2) A person is an eligible person for the purposes of subregulation (1)
if the person is:
(a) an owner of a lot;
(b) a nominee of a body corporate that is an owner of a lot;
(c) a person who is nominated for election by an owner of a lot
who is not a candidate for election,
(3) Subject to this regulation, the number of members of the committee
may be varied by ordinary resolution of the Management
Corporation passed at a general meeting.
(4) The members of the committee shall be elected at each annual
general meeting.
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Cullen Bay Marina Regulations 1993 17
(5) Subject to regulation 30, the term of office of a member of the
committee commences at the first meeting of the committee held
after the annual general meeting at which the person is elected as a
member and ends immediately after the annual general meeting
next following.
(6) The Management Corporation may, by special resolution, remove a
member of the committee before the expiry of the person's term of
office and appoint another member of the Corporation in his or her
place to hold office for the unexpired period of the term.
(7) A member of the committee may, with the consent of the
committee, appoint a person to act in his or her place at a meeting
of the committee, and if the person is a member of the committee,
the person may separately vote on a matter in his or her capacity
as a member and on behalf of the member in whose place the
person has been appointed to act.
30 Vacation of office of member of committee
(1) The office of a person elected as a member of the committee
becomes vacant:
(a) where he or she was an owner of a lot at the time of the
election and ceases to be an owner;
(b) where he or she was not the owner of a lot at the time of the
election or was a nominee and the person who made the
nomination for election or the body corporate for which he or
she is a nominee:
(i) ceases to be an owner; or
(ii) notifies the Management Corporation, in writing, that his
or her office as a member is vacated;
(c) on the receipt by the Management Corporation of notice in
writing of the resignation of the person as a member of the
committee;
(d) where the person is absent, except on leave granted by the
committee, from 3 consecutive meetings of the committee of
which notice has been given;
(e) if the person becomes bankrupt, applies to take the benefit of
a law for the relief of bankrupt or insolvent debtors,
compounds with his or her creditors or makes an assignment
of his or her remuneration for their benefit;
(f) where the person is convicted of an indictable offence;
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Cullen Bay Marina Regulations 1993 18
(g) where the person dies or becomes subject to mental
incapacity; or
(h) where the Management Corporation, by special resolution
under regulation 29(6), removes the member from office.
(2) Where a vacancy in the office of a member of the committee has
occurred, the committee may appoint a person who is eligible for
election to fill the vacancy for the balance of the term of office.
31 Meetings of committee
(1) Subject to these regulations, the committee may meet for the
conduct of business as and when it determines and may adjourn
and otherwise regulate its meetings as it thinks fit.
(2) A member of the committee may convene a meeting of the
committee by giving to each other member not less than 7 days
notice in writing specifying the business that the member proposes
to bring before the meeting and the time and place of the meeting.
(3) At a meeting of the committee a majority of the persons comprising
the number determined under regulation 29 to constitute the
committee shall constitute a quorum of the committee.
(4) At a meeting of the committee the Chairperson shall have a
deliberative vote and in the event of an equality of votes also has a
casting vote.
(5) The committee shall cause to be kept full and accurate minutes of
its meetings including a record of notices given under
subregulation (6) and a record of its decisions.
(6) A decision of the committee has no force or effect where, before the
decision is made, notice in writing is given to the secretary of the
committee by one or more owners of lots, the sum of whose lot
entitlement exceeds 50% of the aggregate lot entitlement, that the
making of the decision is opposed by those owners.
32 Chairperson, Secretary and Treasurer
(1) Until a person is elected as Chairperson by the committee under
subregulation (2), the person elected as Chairperson of the
Management Corporation at its first annual general meeting shall
preside at the first meeting of the committee held after the first
annual general meeting of the Management Corporation.
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Cullen Bay Marina Regulations 1993 19
(2) At the first meeting of the committee held after the first or a
subsequent annual general meeting of the Management
Corporation the members of the committee shall elect one of their
number to be Chairperson, one to be Deputy Chairperson, one to
be secretary and one to be treasurer.
(3) Subject to regulation 30, the term of office of a person elected as
Chairperson commences as soon as that person is elected as such
under subregulation (2) and ends immediately on the election of a
Chairperson at the first meeting of the committee held after the next
annual general meeting.
(4) Subject to regulation 30, the term of office of a person elected as
Deputy Chairperson, secretary or treasurer commences as soon as
that person is elected as such under subregulation (2) and ends
immediately after the annual general meeting next following.
(5) The person elected as Chairperson under subregulation (2) shall
preside at every general meeting of the Management Corporation
and at every meeting of the committee at which he or she is
present.
(6) Where the Chairman is absent from a general meeting of the
Management Corporation or a meeting of the committee the Deputy
Chairperson shall preside and where the Chairperson and Deputy
Chairperson are absent the members of the Management
Corporation or the members of the committee, as the case requires,
shall elect one of their number to act as Chairperson.
33 Powers and functions of Treasurer
(1) A person shall not exercise the powers or perform a function of the
Management Corporation or of the treasurer, being a power or
function relating to receipt, expenditure or accounting for money or
the keeping of books of account, unless the person is:
(a) the treasurer;
(b) the corporation manager; or
(c) a person with whom the treasurer is required by an order of
the committee to jointly exercise the power or perform jointly
the function and who is enabling the Treasurer to comply with
the order.
Maximum penalty: 4 penalty units.
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Cullen Bay Marina Regulations 1993 20
(2) The committee may, by notice in writing served on the treasurer,
order that the treasurer shall not exercise any of the powers, or
perform any of the functions specified in the notice, except jointly
with another person so specified.
(3) A person who has possession or control of:
(a) records, books of account or keys belonging to the
Management Corporation; or
(b) other property of the Corporation,
shall, within 7 days after service on the person of notice of a
resolution of the committee requiring the person to do so, deliver
the records, books of account, keys or other property to a member
of the committee specified in the notice.
Maximum penalty: 4 penalty units.
34 Delegation by Treasurer
(1) The treasurer may by notice in writing, delegate to a member of the
committee approved for the purpose by the committee, or a person
employed or engaged under regulation 39, any of his or her powers
and functions under these Regulations, specified in the instrument
of delegation and subject to any limitations as to time or otherwise
as are so specified, other than this power of delegation.
(2) A power or function delegated under this regulation, when
exercised or performed by the delegate, shall, for the purposes of
these Regulations, be deemed to have been exercised or
performed by the treasurer.
(3) A delegation under this regulation does not prevent the exercise of
a power or the performance of a function by the treasurer.
35 Committee's decisions to be decisions of Management
Corporation
(1) Subject to these Regulations, the decision of the committee on a
matter, other than a restricted matter, is the decision of the
Management Corporation.
(2) Notwithstanding that a committee holds office, the Management
Corporation may, in general meeting, continue to exercise all or any
of the powers, or perform all or any of the functions conferred or
imposed on it by these Regulations.
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Cullen Bay Marina Regulations 1993 21
(3) In this regulation, restricted matter, in relation to the committee,
means:
(a) a matter, a decision on which may, in accordance with these
Regulations, only be made by the Management Corporation in
pursuance of a resolution without dissent or a special
resolution or in general meeting of the Corporation;
(b) a matter specified in a resolution of the Corporation passed for
the purposes of regulation 36 or 37;
(c) a matter relating to the striking of a special monetary levy on
all members;
(d) a matter that seeks to alter the rights, privileges or obligations
of members; or
(e) a matter that seeks to alter the annual monetary contribution
of members.
36 Statutory restrictions on powers of committee
(1) Unless otherwise determined in pursuance of a special resolution of
the Management Corporation, the committee shall not, in any one
case, undertake expenditure that exceeds the amounts determined
under regulation 12(1) or (2).
(2) Where proposed expenditure would exceed the amount referred to
in subregulation (1), the committee shall:
(a) submit the proposal for determination at an extraordinary
general meeting of the Management Corporation convened for
the purpose of, or for purposes that include, consideration of
the proposal; and
(b) if the proposed expenditure is in respect of work to be
performed or the purchase of personal property, submit to the
meeting at least 2 tenders with the proposal.
(3) Subregulation (1) does not apply to expenditure:
(a) in payment of a premium of insurance effected by or on behalf
of the Management Corporation;
(b) to comply with a notice or order served on the Corporation by
a public authority or municipal council; or
(c) in discharge of a liability incurred in respect of an obligation of
the Corporation authorised by the Corporation in general
meeting.
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Cullen Bay Marina Regulations 1993 22
(4) Where proposed expenditure for improvements to the common
property exceeds, in a particular case, the amount calculated under
regulation 19(2), the committee shall not cause the expenditure to
be made unless:
(a) it is made in accordance with a resolution without dissent
passed at a general meeting of the Management Corporation;
or
(b) it has been resolved by the Management Corporation by
special resolution that the improvements are essential for the
health, safety or security of users of the common property.
37 Restrictions imposed on committee by Management
Corporation
The Management Corporation may, in general meeting, decide
what matters or class of matters, if any, shall be determined only by
the Corporation in general meeting.
38 Delegation by committee
(1) Subject to a restriction or direction that may be imposed or given by
ordinary resolution passed at a general meeting of the committee,
the committee may delegate to one or more of its members or a
person employed or engaged under regulation 39, either generally
or otherwise as specified in the instrument of delegation, all or any
of its powers, functions and duties, other than this power of
delegation.
(2) A power, function or duty delegated under this section, when
exercised or performed by the delegate, shall, for the purposes of
the Act, these Regulations or the By-laws, be deemed to have been
exercised by the committee.
(3) A delegation under this regulation does not prevent the exercise of
a power or the performance of a function or duty by the committee.
39 Employees
(1) Subject to regulations 36 and 37, the committee may, for and on
behalf of the Management Corporation, employ or engage a
corporation manager and such other officers, employees and
agents as may be necessary for the performance of the functions of
the Corporation.
(2) The terms and conditions applicable in relation to a person
employed or engaged under subregulation (1) shall be specified in
the contract.
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Cullen Bay Marina Regulations 1993 23
40 Records to be kept by committee
(1) The committee shall:
(a) keep minutes of its proceedings;
(b) cause minutes of proceedings at all general meetings of the
Management Corporation to be kept in a minute book of the
Corporation kept for the purpose;
(c) include in the minute book a record of every resolution of the
Corporation, indicating if the resolution was a resolution
without dissent, a special resolution or an ordinary resolution;
(d) cause proper records and books of account to be kept in
respect of the assets and liabilities of the Corporation and all
sums of money received and expended by, and owing to and
by, the Corporation; and
(e) cause the minutes, records and books of account to be
retained for a period of not less than 10 years after the
completion of the transactions, acts or operations to which
they relate.
(2) At each annual general meeting, the committee shall present to the
Management Corporation statements of accounts showing the
sums of money received and paid by, and assets and liabilities of,
the Corporation for the period since the last accounts so presented
made up to a date that is not more than 3 months before the date of
the meeting.
(3) Subregulation (2) applies in the case of the first annual general
meeting as if the period since the last accounts were the period
since the registration of the lot plan.
(4) Where default has been made by the committee in complying with
this regulation, each person who was, at the time when the default
occurred, a member of the committee is, unless the person proved
that he or she took reasonable care to ensure that the default did
not occur, or proves that the default occurred without his or her
knowledge, guilty of an offence.
Maximum penalty: 3.5 penalty units.
41 Validity of acts of committee
No act done in good faith by the committee is invalidated merely by
reason of the fact that at the relevant time there was some defect in
the appointment of or continuance in office of a member of the
committee.
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Cullen Bay Marina Regulations 1993 24
Division 4 General meetings of Management Corporation
42 Annual general meetings
(1) The Management Corporation shall hold a general meeting (which
shall be called the annual general meeting and may be held in
addition to any other general meeting held in the same year) at
least once in every year and, except in the case of the first annual
general meeting, not more than 15 months after the date of the
preceding annual general meeting.
(2) Subject to this Division, the Management Corporation may hold,
adjourn and otherwise regulate general meetings as it thinks fit.
43 First annual general meeting
(1) The Developer, whether or not the Developer is an owner of a lot at
the time, shall convene a meeting of the Management Corporation
to be held within 3 months after the expiration of the initial period.
(2) A meeting convened under subregulation (1) shall be the first
annual general meeting of the Management Corporation and shall:
(a) resolve whether insurances effected by the Developer should
be confirmed, varied or extended;
(b) resolve whether the amounts, if any, determined under
regulation 12(1) or (2) should be confirmed or varied or, if not
determined, make such a determination;
(c) determine, in accordance with regulation 29(1), the number of
members of the committee;
(d) elect the members of the committee;
(e) resolve which matters, if any, shall be restricted matters within
the meaning of regulation 37 for the purposes of these
Regulations;
(f) resolve whether the By-laws in force immediately before the
holding of the meeting shall be amended or repealed;
(g) resolve which of the powers, authorities duties or functions of
the Corporation should be delegated to the committee;
(h) resolve whether to appoint a person to audit the Corporation's
records and books of account; and
(j) resolve such other matters as are raised at the meeting.
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Cullen Bay Marina Regulations 1993 25
(3) The Developer shall present to the meeting a budget showing its
estimated expenditure in relation to the common property.
(4) The Developer shall not fail or neglect to deliver to the Management
Corporation at the first annual general meeting and at each general
meeting referred to in regulation 44(1):
(a) all plans, specifications, certificates (other than certificates as
to title for lots), diagrams and other documents (including
particulars of any guarantees and warranties relating to
equipment and policies of insurance) obtained or received by
him or her and relating to the common property; and
(b) where they are in his or her possession or control, the
certificate as to title for the common property, the books of
account and all notices or other records relating to the lot plan,
other than any such documents that exclusively evidence the rights
or obligations of the Developer and that are not capable of being
used for the benefit of the Corporation or any of the owners of lots,
other than the Developer.
Maximum penalty: 17 penalty units.
44 General meeting after registration of second or subsequent
completed stage of development
(1) Within 3 months after the registration of a survey plan relating to a
second or subsequent stage of the development, the Developer
shall request the committee to convene a general meeting of the
Management Corporation to be held within that 3 months period
and the Committee shall comply with the request.
(2) At a meeting referred to in subregulation (1), all matters required to
be considered by a meeting convened under regulation 43 shall be
considered as if the meeting referred to in subregulation (1) were
the first annual general meeting.
45 Convening of general meeting other than first annual general
meeting
(1) The committee:
(a) may, whenever it thinks fit; and
(b) shall, on a requisition in writing specifying the matters to be
considered at a general meeting and made by members
having not less than 25% of the aggregate lot entitlement,
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Cullen Bay Marina Regulations 1993 26
on notice given in accordance with regulation 46, convene a
general meeting.
(2) Where a mortgagee of a lot has, in a notice given under
regulation 54 or in a subsequent written notice, notified the
Management Corporation that he or she is to be regarded as a
member of the Corporation in respect of the lot for the purposes of
subregulation (1), the mortgagee shall be deemed for those
purposes to be a member of the Corporation in respect of the lot.
46 Notice of general meetings
(1) Subject to subregulation (2), the time to be fixed for the holding of a
general meeting, other than the first annual general meeting, shall
be a time that will permit not less than 28 days' notice of the time
fixed for the meeting to be given.
(2) Where it appears to the committee that a matter to be considered at
a general meeting requires a resolution without dissent, the time to
be fixed for holding the general meeting shall be a time that will
permit not less than 42 days' notice of the time fixed for the meeting
to be given.
(3) A notice for a general meeting:
(a) shall specify the time, date and place fixed for holding the
meeting;
(b) if it appears to the committee that a matter to be considered at
the meeting is a matter that requires a resolution without
dissent, shall specify the matter and state the fact that it
requires a resolution without dissent; and
(c) shall be given to all the members of the Management
Corporation and to all mortgagees who have given notice to
the Corporation under regulation 54, as ascertained from the
roll.
(4) Notice under subregulation (3) shall be sufficiently given to a
person if it is sent by prepaid post as a letter properly addressed to
the last address of the person notified to the Management
Corporation and entered in the roll or, if no such address has been
notified, to the person's last known place of abode or, if the person
is a body corporate, to its registered office, its place of business or
any other known address.
(5) The proceedings at a general meeting are not invalidated by reason
of the fact only:
(a) that a person did not receive notice under this regulation; or
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Cullen Bay Marina Regulations 1993 27
(b) that such notice was received by a person less than 28 days
or 42 days referred to in subregulations (1) and (2).
(6) Where notice of a general meeting has been received by a person
less than 28 days or 42 days referred to in subregulations (1)
and (2) before the time fixed for the meeting, the meeting shall, if
the person so requests, be adjourned to a date to be determined by
the persons present and voting at the meeting.
47 Quorum at general meeting
(1) Subject to subregulation (2), no business shall be transacted at a
general meeting of the Management Corporation unless a quorum,
consisting of persons entitled to exercise voting rights in respect of
not less than 25% of the total number of lots, is present.
(2) If, within 30 minutes after the time appointed for a general meeting,
a quorum referred to in subregulation (1) is not present, the meeting
shall be adjourned to the same day in the next week at the same
place and time and, if a quorum is not then present within
30 minutes after the time appointed for the adjourned meeting, the
persons who are then present and entitled to vote constitute a
quorum for the purposes of that subregulation.
48 Scrutineers
(1) At a general meeting of the Management Corporation, the
Chairperson may appoint persons to be scrutineers.
(2) The scrutineers may inspect all voting papers and ballot papers
furnished to the secretary and relating to the business of the
meeting.
49 Chairperson to have names of persons entitled to vote
At a general meeting of the Management Corporation, the
Chairperson shall have available for inspection the names of
persons entitled to vote.
Division 5 Voting at general meetings
50 Voting by members
(1) A person is entitled to vote at a meeting of the Management
Corporation in respect of a lot if:
(a) the person is the owner of the lot as shown on the roll; or
Part 2 Management Corporation and committee
Division 5 Voting at general meetings
Cullen Bay Marina Regulations 1993 28
(b) if a lot is jointly owned or owned by a body corporate, the
person is the nominee of the owner or body corporate as
shown on the roll.
(2) A person has one vote for each lot in respect of which the person is
entitled to vote.
51 Methods of voting
Voting at a general meeting must be by:
(a) written vote:
(i) if a poll is taken; or
(ii) if a person casts an absentee vote; or
(b) otherwise – show of hands.
52 Resolutions
(1) A motion is passed by an ordinary resolution if the motion is voted
on at a general meeting of the Management Corporation and:
(a) if a poll is not taken under regulation 57 – the votes counted in
favour of the motion are more than the votes counted against
it; or
(b) if a poll is taken under regulation 57 – the lot entitlements of
the lots for the votes counted in favour of the motion exceed
the lot entitlements of the lots for the votes counted against it.
(2) A motion is passed by a special resolution if the motion is voted
on at a general meeting of the Management Corporation and:
(a) at least two-thirds of the votes cast are counted in favour of
the motion; and
(b) the lot entitlements of the lots for the votes counted against
the motion do not exceed 25% of the aggregate lot entitlement
of all lots.
(3) A motion is passed by a resolution without dissent if the motion
is voted on at a general meeting of the Management Corporation
and no vote is counted against it.
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53 Limitation on voting power of Developer
Where the Developer is the owner of a lot, the Developer or a
mortgagee of the lot is entitled to vote at a meeting of the
Management Corporation and in determining the result of a poll or a
special resolution, the entitlement of the Developer or mortgagee
shall be:
(a) the actual lot entitlement; or
(b) one lot entitlement less than the combined lot entitlement of
the members in respect of whose lot entitlements votes are
cast,
whichever is the lesser.
54 Voting by mortgagees
(1) Where the estate or interest of the owner of a lot is subject to a
mortgage, the mortgagee or, if there are 2 or more mortgages, the
mortgagee under whichever of the mortgages is entitled to priority
over the other mortgages, may give to the Management
Corporation written notice that the lot is subject to the mortgage and
that he or she proposes to exercise the rights conferred by this
regulation.
(2) Where a mortgagee of a lot has given notice under
subregulation (1) and the mortgage has not been discharged, the
right to vote in respect of the lot on a matter requiring a special
resolution or a resolution without dissent that would, but for this
subregulation, be exercisable by the owner of the lot:
(a) shall not be exercised by the owner; and
(b) may be exercised by the mortgagee.
(3) Where:
(a) a mortgagee of a lot has given notice under subregulation (1);
(b) the mortgagee or his or her proxy is present at a general
meeting of the Management Corporation at the time of voting;
and
(c) the mortgage has not been discharged,
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Cullen Bay Marina Regulations 1993 30
the right to vote in respect of the lot on a matter not requiring a
special resolution or a resolution without dissent that would, but for
this subregulation, be exercisable by the owner of the lot:
(d) shall not be exercised by the owner; and
(e) may be exercised by the mortgagee.
(4) Where 2 or more persons are mortgagees of a lot as joint tenants
or as tenants in common:
(a) the right to give notice under this regulation is exercisable by
them acting only jointly;
(b) the right to vote conferred on them by this regulation is
exercisable by them only jointly; and
(c) for the purposes of subregulation (3), the mortgagees shall be
deemed not to be present at a meeting unless their proxy is
present at the meeting.
(5) Where:
(a) a lot is held by 2 or more persons as tenants in common; and
(b) one of the tenants has mortgaged his or her estate or interest
as owner,
the mortgagee may give notice to the Management Corporation in
accordance with subregulation (1) and the preceding provisions of
this regulation then apply in relation to the right to vote that the
mortgagor would, but for this subregulation, be entitled to exercise.
55 Restrictions on motions and nominations
(1) A person is not entitled to move a motion at a general meeting of
the Management Corporation or nominate a candidate for election
unless the person is entitled to vote on such a motion or in that
election.
(2) The Chairperson may, if he or she is of the opinion that a motion
submitted at a general meeting of the Management Corporation, if
carried:
(a) would conflict with these Regulations or some other Act; or
(b) would be unforceable,
rule that the motion is out of order.
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56 Declaration by Chairperson of result of voting
Where a resolution without dissent is not required, then, unless a
poll is demanded under regulation 57, a declaration by the
Chairperson that a resolution has or has not been carried is
conclusive evidence of the fact without proof of the number or
proportion of votes recorded against or in favour of the resolution.
57 Polls
(1) If a resolution, including a special resolution or a resolution without
dissent, is required, a poll may be demanded by a person present
and entitled to vote.
(1A) The poll may be demanded:
(a) in person or, for absentee votes, on the voting paper; and
(b) whether or not the vote has already been carried out by a
show of hands.
(2) A demand for a poll may be withdrawn.
(3) If demanded, a poll must be taken in the manner directed by the
Chairperson.
(4) The result of the poll, which must be declared by the Chairperson
as soon as it is determined, determines whether or not the motion
for which the poll was taken has been carried.
58 Votes may be cast personally or by proxy
(1) Subject to regulations 62 and 63, votes at a general meeting may
be cast either personally or by proxy, whether on a poll or not.
(2) An instrument appointing a proxy for the purposes of this Division
shall be in accordance with a form determined by the committee.
59 Limits on voting by proxy or as nominee
(1) At a meeting of the Management Corporation, a person who has a
financial interest in a prescribed arrangement or a proposed
prescribed arrangement is not entitled to vote as proxy for another
person or as a nominee of a corporation on a motion relating to the
prescribed arrangement or proposed prescribed arrangement.
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Cullen Bay Marina Regulations 1993 32
(2) For the purposes of subregulation (1), where a person or a spouse
or de facto partner of the person:
(a) are the owners of shares, whether or not beneficially, in a
company;
(b) is a member of a firm; or
(c) is a director or employee of a company or a firm,
that stands to benefit directly from a prescribed arrangement or a
proposed prescribed arrangement to which the motion relates, the
person shall be taken to have a financial interest in the
arrangement.
(3) For the purposes of this regulation, a prescribed arrangement
means an agreement or arrangement between:
(a) in the case of a registered lot, the Management Corporation or
the Developer and any other person; or
(b) in the case of a proposed lot, the Developer and any other
person,
being an agreement or arrangement:
(c) employing or engaging a person under regulation 39;
(d) for the carrying out of a function or power of the Management
Corporation under regulation 7 or 8;
(e) for the protection of the common property or a part of it or of
the security of the occupants of the lots;
(f) for the conduct of a business on the common property; or
(g) under which the rights of an owner of a lot are or are likely to
be affected to a material extent.
60 Voting by Chairperson
The Chairperson has a deliberative vote and, in the case of an
equality of votes on an ordinary resolution, also a casting vote.
61 No vote unless dues paid
Except where a resolution without dissent is required, the right to
vote in respect of a lot is not exercisable unless all amounts due
and payable in respect of the lot to the Management Corporation by
the member liable to pay the amounts have been paid.
Part 2 Management Corporation and committee
Division 5 Voting at general meetings
Cullen Bay Marina Regulations 1993 33
62 Absentee votes on resolutions without dissent
(1) Where notice has been given that it is proposed to move at a
general meeting a matter requiring a resolution without dissent and
more than one person is entitled to attend the meeting and vote on
the resolution:
(a) the committee shall, with the notice of the meeting given to the
person, give a voting paper; and
(b) a person entitled to vote on the proposed resolution may,
instead of voting in any other manner, cast an absentee vote
by recording his or her vote on the voting paper and causing it
to be delivered to the Management Corporation before the
commencement of the meeting.
(2) A vote recorded and delivered in accordance with subregulation (1)
shall be accepted by the Chairperson as a valid vote by the person
exercising it and the person shall be deemed to be present at the
meeting and to have exercised his or her powers of voting on the
resolution, but the person shall not be deemed to be present for the
purpose of constituting a quorum under regulation 47.
63 Joint voters
(1) Where a lot is jointly owned and the owners are entitled to exercise
one vote jointly, the vote shall be exercised by one person:
(a) appointed by the owners as their nominee and recorded on
the roll; or
(b) appointed by the owners as their proxy.
(2) Notwithstanding subregulation (1), where 2 or more persons are
entitled to exercise one vote jointly, any one of them may, except
where a resolution without dissent is required, demand a poll.
64 Capacity to vote
The right of a person to vote at a general meeting:
(a) may, subject to paragraph (b), be exercised by the person, if
he or she has attained the age of 18 years;
(b) shall not be exercised by the person if he or she is under a
legal disability (not being infancy) that prevents him or her
from lawfully dealing with his or her property, but may in that
event be exercised by the person who is, for the time being,
authorised by law to control the property; and
Part 3 Duties of owners and occupiers
Cullen Bay Marina Regulations 1993 34
(c) shall not be exercised by the person if he or she has not
attained the age of 18 years, but may in that event be
exercised by his or her guardian.
65 Amendment or revocation of certain resolutions
A special resolution or a resolution without dissent of the
Management Corporation may not be amended or revoked except
by a subsequent special resolution or resolution without dissent,
respectively.
Part 3 Duties of owners and occupiers
66 Duties of owners and occupiers of lots
(1) The owner, mortgagee in possession (whether by himself or herself
or another person), lessee or occupier of a lot shall not:
(a) do anything or permit anything to be done on, in or in relation
to the lot so that:
(i) the support or shelter provided by the lot for another lot
or common property is interfered with; or
(ii) the passage or provision of water, sewerage, drainage,
gas, electricity, garbage, artificially heated or cooled air,
heating oil and other services (including telephone, radio
and television services) through or by means of a pipe,
wire, cable or duct for the time being in the lot is
interfered with;
(b) use or enjoy the lot, or permit the lot to be used or enjoyed in
a manner or for a purpose that may cause a nuisance or
hazard to the owner or occupier of another lot; or
(c) use or enjoy the common property in a manner or for a
purpose that may interfere with the use or enjoyment of the
common property by the owner or occupier of another lot or by
any other person entitled to the use and enjoyment of the
common property.
(2) The owner, mortgagee in possession (whether by himself or herself
or another person), lessee or occupier of a lot shall not use the lot
for a purpose that may be illegal or injurious to the lot or to the
common property.
Part 4 Insurance
Cullen Bay Marina Regulations 1993 35
67 Notice to Management Corporation
(1) A person including an owner, mortgagee in possession and a body
corporate shall, not later than 28 days after becoming the owner of
a lot, give notice in writing to the Management Corporation of
particulars required to be recorded in the roll, and the address for
service of notices.
(2) A person referred to in subregulation (1) shall, without delay, give
notice in writing to the Management Corporation of particulars of:
(a) a change of address for service of notices; or
(b) a change of nominee appointed under regulation 3 to exercise
voting rights.
(3) If the Management Corporation has not received a notice referred
to in this regulation it may, by notice in writing, request a person
referred to in subregulation (1) to provide a notice referred to in
subregulation (1) or (2) within 14 days after service, and the person
shall comply with the request.
(4) A person who fails to supply to the Management Corporation a
notice required under this regulation is not entitled to vote at a
meeting of the Management Corporation.
Part 4 Insurance
68 Insurance by Management Corporation
(1) Subject to subregulation (3), the Management Corporation shall
insure and keep insured the buildings, improvements and other
structures on the common property, including the lock, gates, and
mooring basin, for their replacement or reinstatement value against
the following risks:
(a) fire, lightning, tempest, earthquake and explosion;
(b) riot, civil commotion, strikes and labour disturbances;
(c) malicious damage;
(d) bursting, leaking and overflowing of boilers, water tanks, water
pipes and associated apparatus; and
(e) impact of boats, aircraft (including parts of, and objects falling
from, aircraft), road vehicles, horses and cattle.
Part 4 Insurance
Cullen Bay Marina Regulations 1993 36
(2) Subject to subregulation (3), the Management Corporation shall
insure itself and keep itself insured against liability in respect of:
(a) death, bodily injury or illness; or
(b) loss of, or damage to, property,
occurring in connection with the common property as a result of an
accident, for such aggregate amount of liability, being not less than
$10,000,000 at any one time, as determined by the Corporation.
(3) The Management Corporation may, by resolution without dissent,
resolve that it will not insure against such of the risks referred to in
subregulations (1) and (2) as are specified in the resolution and, in
that event, the Corporation is not required by this regulation to
insure against a risk so specified.
(4) The Management Corporation shall insure:
(a) in respect of an occurrence that it is required by law to insure,
including insurance required to be effected under Part 7,
Division 3 of the Return to Work Act 1986; and
(b) in respect of a liability of the Management Corporation for
damage to property, death or bodily injury occurring on the
common property; and
(c) against the possibility of the owners of lots becoming jointly
liable by reason of a claim arising in respect of any other
occurrence against which the Management Corporation, in
pursuance of a special resolution, resolved to insure.
(5) Where the Management Corporation has, under subregulation (3),
resolved that it will not insure against a particular risk, an owner or
mortgagee of a lot may at any time serve on the Corporation a
written notice requiring it to insure against the risk.
(6) Within 28 days after service on the Management Corporation of the
notice referred to in subregulation (5), the resolution without dissent
ceases to have effect in relation to the risk specified in the notice
and the Corporation shall, in accordance with subregulations (1)
or (2), insure against the risk.
(7) As soon as is practicable after service on the Management
Corporation of the notice referred to in subregulation (5), the
Corporation shall notify every member and, where the lot is
mortgaged, the mortgagee of the lot:
(a) of the particulars of the notice and the date of its receipt; and
Part 4A Subdivision and consolidation of lots
Cullen Bay Marina Regulations 1993 37
(b) of the date on and from which the risk specified in the notice
is, or is to be, covered by insurance effected by the
Corporation.
(8) Nothing in this regulation shall be construed as limiting the right of
the Management Corporation to effect such additional insurance as
it determines.
(9) In this regulation, risk includes a liability referred to in
subregulation (2) or (4).
69 Insurable interests of Management Corporation
For all purposes connected with an insurance effected by it under
regulation 68(1), the Management Corporation shall be deemed to
have an insurable interest in the buildings and improvements on the
common property to the extent of their replacement value or
reinstatement value.
Part 4A Subdivision and consolidation of lots
69A Method of subdivision and consolidation
(1) A lot may be subdivided in pursuance of section 7(3) of the Act by
the registration of a plan as a plan of subdivision.
(2) Two or more lots held by the same registered proprietor may be
consolidated into one lot by the registration of a plan as a plan of
consolidation.
69B Form and contents of plan
A plan illustrating a proposed subdivision of a lot or a proposed
consolidation of lots shall not be registered as a plan of subdivision
or plan of consolidation unless:
(a) it shows the precalculated dimensions and areas of lots into
which it is proposed to subdivide the lot, or consolidate the
lots, prepared by a surveyor licensed under the Licensed
Surveyors Act 1983;
(b) it complies with Part 5 of the Planning Act 1999;
(c) it contains a schedule of lot entitlements which shall be
prepared in accordance with regulation 69C;
(d) it complies with the Licensed Surveyors Act 1983 in relation to
plan drawing standards; and
Part 5 Miscellaneous
Cullen Bay Marina Regulations 1993 38
(e) it contains a certificate from the Surveyor-General stating that
it complies with this Part.
69C Lot entitlements
(1) A schedule of lot entitlement shall show, in respect of each lot
(resulting lot) into which the lot (original lot) is to be subdivided,
the nearest whole number determined by dividing the lot entitlement
of the original lot by the percentage that the area of the resulting lot
bears to the area of the original lot.
(2) In respect of a consolidation, the lot entitlement shall be shown in
the schedule of entitlement as the sum of the lot entitlements of the
lots being consolidated.
Part 5 Miscellaneous
70 Facilities for service of documents
(1) The Management Corporation shall cause to be continuously
displayed in a conspicuous place on the development area a notice
showing the name of the Corporation and the address notified
under regulation 5.
(2) The Management Corporation shall cause to be continuously
available in a conspicuous and accessible place on the
development area one or more receptacles suitable for the
purposes of postal delivery, bearing the name of the Corporation in
clear and legible characters.
Maximum penalty for an offence against this regulation: 3.5 penalty
units.
71 Service of documents
(1) Personal service on the Management Corporation may be effected
by leaving it with the Chairperson, secretary or corporation
manager or with a member of the committee.
(2) A document or notice may be served on the Management
Corporation by leaving it with a person specified in
subregulation (1) or in the receptacle provided in accordance with
regulation 70 or by post addressed to the Corporation at the
address notified under regulation 5.
Part 6 Transitional matters for Justice Legislation Amendment Regulations 2024
Cullen Bay Marina Regulations 1993 39
(3) A notice required under these Regulations to be served by the
Management Corporation or by the committee on an owner, lessee,
mortgagee or other occupier of a lot may be served:
(a) by leaving it with a person apparently of or over the age of
16 years:
(i) where the person to be served is an occupier of the lot,
at the lot; or
(ii) where the address for service on the person to be
served is recorded in the roll, at the recorded address; or
(b) by post on the person to be served where an address for
service on the person to be served is recorded in the roll, at
the recorded address.
72 Fences
The Management Corporation is not liable to join in or contribute to
the construction of fences in respect of a lot within the development
area.
Part 6 Transitional matters for Justice Legislation
Amendment Regulations 2024
73 Chairperson and Deputy Chairperson continue
(1) The person who is the Chairman immediately before the
commencement is taken to be the Chairperson for the remainder of
the person's term of office.
(2) The person who is the Deputy Chairman immediately before the
commencement is taken to be the Deputy Chairperson for the
remainder of the person's term of office.
(3) In this regulation:
commencement means the commencement of regulation 13 of the
Justice Legislation Amendment Regulations 2024.
ENDNOTES
Cullen Bay Marina Regulations 1993 40
ENDNOTES
1 KEY
Key to abbreviations
amd = amended od = order
app = appendix om = omitted
bl = by-law pt = Part
ch = Chapter r = regulation/rule
cl = clause rem = remainder
div = Division renum = renumbered
exp = expires/expired rep = repealed
f = forms s = section
Gaz = Gazette sch = Schedule
hdg = heading sdiv = Subdivision
ins = inserted SL = Subordinate Legislation
lt = long title sub = substituted
nc = not commenced
2 LIST OF LEGISLATION
Cullen Bay Marina Regulations (SL No. 40, 1993)
Notified 10 November 1993
Commenced 10 November 1993
Amendments to Cullen Bay Marina Regulations (SL No. 29, 1995)
Notified 13 September 1995
Commenced 13 September 1995
Planning (Consequential Amendments) Act 1999 (Act No. 56, 1999)
Assent date 14 December 1999
Commenced 12 April 2000 (s 2, s 2 Planning Act 1999 (Act No. 55, 1999)
and Gaz S15, 12 April 2000)
Land Title (Consequential Amendments) Act 2000 (Act No. 45, 2000)
Assent date 12 September 2000
Commenced 1 December 2000 (s 2, s 2 Land Title Act 2000 (Act No. 2,
2000) and Gaz G38, 1 December 2000, p 2)
Statute Law Revision (Financial Provisions) Act 2002 (Act No. 38, 2002)
Assent date 13 September 2002
Commenced 30 October 2002 (Gaz G43, 30 October 2002, p 3)
Statute Law Revision Act (No. 2) 2003 (Act No. 44, 2003)
Assent date 7 July 2003
Commenced 7 July 2003
Law Reform (Gender, Sexuality and De Facto Relationships) Act 2003 (Act No. 1, 2004)
Assent date 7 January 2004
Commenced 17 March 2004 (Gaz G11, 17 March 2004, p 8)
Law Reform (Work Health) Amendment Act 2003 (Act No. 30, 2007)
Assent date 12 December 2007
Commenced 1 July 2008 (Gaz S29, 25 June 2008)
ENDNOTES
Cullen Bay Marina Regulations 1993 41
Justice Legislation Amendment (Penalties) Act 2010 (Act No. 12, 2010)
Assent date 20 May 2010
Commenced 1 July 2010 (Gaz G24, 16 June 2010, p 2)
Workers Rehabilitation and Compensation Legislation Amendment Act 2015 (Act No. 9,
2015)
Assent date 23 April 2015
Commenced ss 3, 4, 5, 24, 25 and pt 4: 22 May 2015; rem: 1 July 2015:
(Gaz S50, 22 May 2015)
Justice Legislation Amendment (Small Claims and Other Matters) Act 2016 (Act
No. 3, 2016)
Assent date 2 March 2016
Commenced pt 3: nc; rem: 1 May 2016 (s 2, s 2 Local Court Act 2015 (Act
No. 15, 2015), Gaz G1, 6 January 2016, p 9 and Gaz G15,
13 April 2016, p 4)
Justice Legislation Amendment Regulations 2024 (SL No. 20, 2024)
Date made 30 July 2024
Commenced 31 July 2024 (r 2)
3 GENERAL AMENDMENTS
General amendments of a formal nature (which are not referred to in the table
of amendments to this reprint) are made by the Interpretation Legislation
Amendment Act 2018 (Act No. 22 of 2018) to: rr 1, 2, 5, 15, 68 and 69B.
4 LIST OF AMENDMENTS
r 2 amd No. 20, 2024, r 8
r 3 amd No. 20, 2024, r 13
r 5 amd Act No. 45, 2000, s 12
r 9 amd Act No. 3, 2016, s 46
r 14 amd Act No. 44, 2003, s 6
r 15 amd Act No. 38, 2002, s 7
r 18 amd Act No. 12, 2010, s 3; No. 20, 2024, r 13
r 23 amd Act No. 12, 2010, s 3
r 24 amd No. 20, 2024, r 13
r 27 amd Act No. 3, 2016, s 46
rr 31 – 32 amd No. 20, 2024, r 13
r 33 amd Act No. 12, 2010, s 3
r 40 amd Act No. 12, 2010, s 3; No. 20, 2024, r 13
r 43 amd Act No. 12, 2010, s 3
rr 48 – 49 amd No. 20, 2024, r 13
r 50 amd No. 20, 2024, r 9
rr 51 – 52 sub No. 20, 2024, r 10
r 53 amd No. 20, 2024, r 13
rr 55 – 56 amd No. 20, 2024, r 13
r 57 amd No. 20, 2024, r 11
r 59 amd Act No. 1, 2004, s 63; No. 20, 2024, r 13
r 60 amd No. 20, 2024, r 13
r 62 amd No. 20, 2024, r 13
r 65 amd No. 20, 2024, r 13
pt 3 hdg amd No. 20, 2024, r 13
ENDNOTES
Cullen Bay Marina Regulations 1993 42
r 68 amd Act No. 30, 2007, s 59; Act No. 9, 2015, s 31
pt 4A hdg ins No. 29, 1995, r 1
r 69A ins No. 29, 1995, r 1
r 69B ins No. 29, 1995, r 1
amd Act No. 56, 1999, s 3(2)
r 69C ins No. 29, 1995, r 1
r 70 amd Act No. 12 2010, s 3
r 71 amd No. 20, 2024, r 13
pt 6 hdg ins No. 20, 2024, r 12
r 73 ins No. 20, 2024, r 12