sec.172Meetings of bodies corporate

sec.172 Meetings of bodies corporate

The original applicant of a scheme must— convene a meeting of the community body corporate to be held within 3 months from the day of its incorporation; and ensure that the meeting is held within the period. Maximum penalty—50 penalty units. The proprietor of a community development lot must— convene a meeting of the precinct body corporate to be held within 3 months from the day of its incorporation; and ensure that the meeting is held within the period. Maximum penalty—50 penalty units. The agenda for the first meeting of a body corporate under this section must consist of the following items— to decide whether the insurance policies entered into by the body corporate should be confirmed, varied or extended; to decide whether amounts that may have been determined under section 177 (1) (i) or (2) should be confirmed or varied; if there are more than 3 members of the body corporate—to determine the number of members of the executive committee; to elect— the chairperson, secretary and treasurer of the body corporate; and other members of the executive committee; to decide whether to make by-laws. The meeting is to be the first annual general meeting of the body corporate and at the meeting a chairperson, secretary and treasurer are to be elected. A person may be elected to 1 or more of the offices mentioned in subsection (4) . The original applicant must deliver to the community body corporate, and the proprietor of the community development lot must deliver to the precinct body corporate, at its first annual general meeting— all plans, specifications, drawings (showing water pipes, electric cables and drainage), certificates (other than certificates of title for lots), diagrams and other documents (including insurance policies) obtained or received by the applicant or proprietor and relating to the community property and any precinct property; and if they are in the applicant’s or proprietor’s possession or control—the body corporate roll, books of account and any notices or other records relating to the community property or the precinct property; and the budget showing the estimated expenditure of the body corporate in relation to the community property or the precinct property on an annual basis. Maximum penalty—50 penalty units. Subsection (6) does not apply to a document that— exclusively evidences rights or obligations of the original applicant or proprietor; and is not capable of being used for the benefit of the body corporate or a member of the body corporate (other than the original applicant or proprietor). Part 1 of schedule 2 to the Building Units and Group Titles Act 1980 applies to the first annual general meeting of a body corporate and voting at the meeting. Part 2 of schedule 2 to the Building Units and Group Titles Act 1980 applies to other meetings of a body corporate and voting at the meetings. The provisions of the schedule mentioned in subsection (8) relating to the rights and obligations of mortgagees and mortgagors do not apply for the purposes of the subsection. Also, the application of the Building Units and Group Titles Act 1980 , schedule 2 , part 2 is subject to schedule 1 and schedule 5 , definition ordinary resolution . Further, the Building Units and Group Titles Act 1980 , schedule 2 , part 2 , section 2 (6) does not apply, for a meeting of a body corporate, to a member of the body corporate that— is a subsidiary body corporate of the body corporate; and at the time of the meeting— owes an overdue amount to the body corporate; and is owed an overdue amount by 1 or more undeveloped lot members of the subsidiary body corporate that is equal in value to at least 50% of the overdue amount mentioned in subparagraph (i) ; and has at least 1 member that is not an undeveloped lot member or an associate of an undeveloped lot member. At the time of a meeting of a body corporate, a subsidiary body corporate of the body corporate owes the body corporate $500,000. At the same time, two undeveloped lot members owe the subsidiary body corporate $400,000, an amount that is at least 50% of the amount owed by the subsidiary body corporate to the body corporate. The Building Units and Group Titles Act 1980 , schedule 2 , part 2 , section 2 (6) does not apply to the subsidiary body corporate for the meeting. If subsection (10B) applies to a subsidiary body corporate for a meeting of a body corporate— the subsidiary body corporate must, if requested by the body corporate, provide evidence of the matters mentioned in subsection (10B) (b) (ii) and (iii) ; and an undeveloped lot member mentioned in subsection (10B) (b) (ii) who is a nominee of the subsidiary body corporate may not represent, or vote on behalf of, the subsidiary body corporate at the meeting; and if paragraph (b) applies, the subsidiary body corporate must appoint a person who is not an undeveloped lot member to represent, and to vote on behalf of, the subsidiary body corporate at the meeting. The provisions of the schedule mentioned in subsections (8) and (9) are, for the purposes of the subsections, to be read as if— a reference to the aggregate lot entitlement were a reference to— in relation to a community body corporate—the total of all voting entitlements specified in the approved scheme; and in relation to a precinct body corporate—the total of all voting entitlements relating to the community development lot; and a reference to a body corporate were a reference to a community body corporate or precinct body corporate; and a reference to the by-laws were a reference to the body corporate’s by-laws; and a reference to the committee were a reference to the body corporate’s executive committee; and a reference to a lot were a reference to a community development lot, precinct development lot or balance precinct development lot; and a reference to the lot entitlement were a reference to— in relation to a community body corporate—the voting entitlement of a member; and in relation to a precinct body corporate—the voting entitlement that applies to a precinct development lot or balance precinct development lot; and a reference to the original proprietor were a reference to— in relation to a community body corporate—the original applicant; and in relation to a precinct body corporate—the proprietor of the community development lot; and a reference to a proprietor were a reference to a proprietor within the meaning given by this Act; and a reference to the roll were a reference to the body corporate roll; and a reference to a particular provision of the Building Units and Group Titles Act 1980 (other than a provision in the schedules) were a reference to the corresponding provision of this Act; and any precinct body corporate were the proprietor of a parcel of land within the site and its voting entitlements were the voting entitlements of the parcel. If a meeting of a body corporate is not convened under subsection (1) or (2) , the Minister may by written notice— appoint a person to convene a meeting of the body corporate; and specify a time within which the meeting is to be held. The appointment may only be made on the application of— the body corporate; or a member of the body corporate. For the purposes of subsections (3) to (11) and (15) , a meeting convened under subsection (12) is taken to be the meeting convened under subsection (1) or (2) . At any time after the meeting convened under subsection (1) or (2) has been held, the Minister may by written notice— appoint a person to convene a meeting of the body corporate; and specify a time within which the meeting is to be held. The Minister may appoint the person— only on the application of a member of the body corporate; and only if— the person is nominated by the applicant; and the person consents to the nomination; and there is no executive committee. In addition to making an appointment under subsection (12) or (15) , the Minister may give any direction relating to the appointment or meeting that the Minister considers appropriate. Without limiting subsection (17) , but despite this section, the Minister may also give the following directions— that the person appointed to convene a meeting of the body corporate must preside at the meeting and, while the person is presiding, the person is taken to be the chairperson of the body corporate; that notice of the meeting may be given in the way specified in the direction. Even if, in relation to a community body corporate— an appointment is made under subsection (13) ; or a meeting is convened and held because of an appointment under subsection (13) ; the original applicant remains liable for the contravention of subsection (1) . Even if, in relation to a precinct body corporate— an appointment is made under subsection (13) ; or a meeting is convened and held because of an appointment under subsection (13) ; the proprietor of the community development lot remains liable for the contravention of subsection (2) . In this section— member , of a subsidiary body corporate that is a body corporate created by the registration of a building units or group titles plan, means a proprietor of a lot shown on the plan. overdue amount , for a body corporate or subsidiary body corporate, means— an amount of a contribution levied by the body corporate or subsidiary body corporate that is unpaid and has been due for payment for 30 or more days; or any other amount recoverable by the body corporate or subsidiary body corporate that is unpaid. undeveloped lot member , in relation to a subsidiary body corporate, means a member of the subsidiary body corporate who is an owner of a lot that has not been improved by, or is not part of, a building or other structure that is reasonably capable of being used for a purpose for which the lot may be used under the plan of development for the scheme applying to the lot. s 172 amd 2011 No. 27 s 296 ; 2022 No. 28 s 35 (sec.172-ssec.1) The original applicant of a scheme must— convene a meeting of the community body corporate to be held within 3 months from the day of its incorporation; and ensure that the meeting is held within the period. Maximum penalty—50 penalty units. (sec.172-ssec.2) The proprietor of a community development lot must— convene a meeting of the precinct body corporate to be held within 3 months from the day of its incorporation; and ensure that the meeting is held within the period. Maximum penalty—50 penalty units. (sec.172-ssec.3) The agenda for the first meeting of a body corporate under this section must consist of the following items— to decide whether the insurance policies entered into by the body corporate should be confirmed, varied or extended; to decide whether amounts that may have been determined under section 177 (1) (i) or (2) should be confirmed or varied; if there are more than 3 members of the body corporate—to determine the number of members of the executive committee; to elect— the chairperson, secretary and treasurer of the body corporate; and other members of the executive committee; to decide whether to make by-laws. (sec.172-ssec.4) The meeting is to be the first annual general meeting of the body corporate and at the meeting a chairperson, secretary and treasurer are to be elected. (sec.172-ssec.5) A person may be elected to 1 or more of the offices mentioned in subsection (4) . (sec.172-ssec.6) The original applicant must deliver to the community body corporate, and the proprietor of the community development lot must deliver to the precinct body corporate, at its first annual general meeting— all plans, specifications, drawings (showing water pipes, electric cables and drainage), certificates (other than certificates of title for lots), diagrams and other documents (including insurance policies) obtained or received by the applicant or proprietor and relating to the community property and any precinct property; and if they are in the applicant’s or proprietor’s possession or control—the body corporate roll, books of account and any notices or other records relating to the community property or the precinct property; and the budget showing the estimated expenditure of the body corporate in relation to the community property or the precinct property on an annual basis. Maximum penalty—50 penalty units. (sec.172-ssec.7) Subsection (6) does not apply to a document that— exclusively evidences rights or obligations of the original applicant or proprietor; and is not capable of being used for the benefit of the body corporate or a member of the body corporate (other than the original applicant or proprietor). (sec.172-ssec.8) Part 1 of schedule 2 to the Building Units and Group Titles Act 1980 applies to the first annual general meeting of a body corporate and voting at the meeting. (sec.172-ssec.9) Part 2 of schedule 2 to the Building Units and Group Titles Act 1980 applies to other meetings of a body corporate and voting at the meetings. (sec.172-ssec.10) The provisions of the schedule mentioned in subsection (8) relating to the rights and obligations of mortgagees and mortgagors do not apply for the purposes of the subsection. (sec.172-ssec.10A) Also, the application of the Building Units and Group Titles Act 1980 , schedule 2 , part 2 is subject to schedule 1 and schedule 5 , definition ordinary resolution . (sec.172-ssec.10B) Further, the Building Units and Group Titles Act 1980 , schedule 2 , part 2 , section 2 (6) does not apply, for a meeting of a body corporate, to a member of the body corporate that— is a subsidiary body corporate of the body corporate; and at the time of the meeting— owes an overdue amount to the body corporate; and is owed an overdue amount by 1 or more undeveloped lot members of the subsidiary body corporate that is equal in value to at least 50% of the overdue amount mentioned in subparagraph (i) ; and has at least 1 member that is not an undeveloped lot member or an associate of an undeveloped lot member. At the time of a meeting of a body corporate, a subsidiary body corporate of the body corporate owes the body corporate $500,000. At the same time, two undeveloped lot members owe the subsidiary body corporate $400,000, an amount that is at least 50% of the amount owed by the subsidiary body corporate to the body corporate. The Building Units and Group Titles Act 1980 , schedule 2 , part 2 , section 2 (6) does not apply to the subsidiary body corporate for the meeting. (sec.172-ssec.10C) If subsection (10B) applies to a subsidiary body corporate for a meeting of a body corporate— the subsidiary body corporate must, if requested by the body corporate, provide evidence of the matters mentioned in subsection (10B) (b) (ii) and (iii) ; and an undeveloped lot member mentioned in subsection (10B) (b) (ii) who is a nominee of the subsidiary body corporate may not represent, or vote on behalf of, the subsidiary body corporate at the meeting; and if paragraph (b) applies, the subsidiary body corporate must appoint a person who is not an undeveloped lot member to represent, and to vote on behalf of, the subsidiary body corporate at the meeting. (sec.172-ssec.11) The provisions of the schedule mentioned in subsections (8) and (9) are, for the purposes of the subsections, to be read as if— a reference to the aggregate lot entitlement were a reference to— in relation to a community body corporate—the total of all voting entitlements specified in the approved scheme; and in relation to a precinct body corporate—the total of all voting entitlements relating to the community development lot; and a reference to a body corporate were a reference to a community body corporate or precinct body corporate; and a reference to the by-laws were a reference to the body corporate’s by-laws; and a reference to the committee were a reference to the body corporate’s executive committee; and a reference to a lot were a reference to a community development lot, precinct development lot or balance precinct development lot; and a reference to the lot entitlement were a reference to— in relation to a community body corporate—the voting entitlement of a member; and in relation to a precinct body corporate—the voting entitlement that applies to a precinct development lot or balance precinct development lot; and a reference to the original proprietor were a reference to— in relation to a community body corporate—the original applicant; and in relation to a precinct body corporate—the proprietor of the community development lot; and a reference to a proprietor were a reference to a proprietor within the meaning given by this Act; and a reference to the roll were a reference to the body corporate roll; and a reference to a particular provision of the Building Units and Group Titles Act 1980 (other than a provision in the schedules) were a reference to the corresponding provision of this Act; and any precinct body corporate were the proprietor of a parcel of land within the site and its voting entitlements were the voting entitlements of the parcel. (sec.172-ssec.12) If a meeting of a body corporate is not convened under subsection (1) or (2) , the Minister may by written notice— appoint a person to convene a meeting of the body corporate; and specify a time within which the meeting is to be held. (sec.172-ssec.13) The appointment may only be made on the application of— the body corporate; or a member of the body corporate. (sec.172-ssec.14) For the purposes of subsections (3) to (11) and (15) , a meeting convened under subsection (12) is taken to be the meeting convened under subsection (1) or (2) . (sec.172-ssec.15) At any time after the meeting convened under subsection (1) or (2) has been held, the Minister may by written notice— appoint a person to convene a meeting of the body corporate; and specify a time within which the meeting is to be held. (sec.172-ssec.16) The Minister may appoint the person— only on the application of a member of the body corporate; and only if— the person is nominated by the applicant; and the person consents to the nomination; and there is no executive committee. (sec.172-ssec.17) In addition to making an appointment under subsection (12) or (15) , the Minister may give any direction relating to the appointment or meeting that the Minister considers appropriate. (sec.172-ssec.18) Without limiting subsection (17) , but despite this section, the Minister may also give the following directions— that the person appointed to convene a meeting of the body corporate must preside at the meeting and, while the person is presiding, the person is taken to be the chairperson of the body corporate; that notice of the meeting may be given in the way specified in the direction. (sec.172-ssec.19) Even if, in relation to a community body corporate— an appointment is made under subsection (13) ; or a meeting is convened and held because of an appointment under subsection (13) ; the original applicant remains liable for the contravention of subsection (1) . (sec.172-ssec.20) Even if, in relation to a precinct body corporate— an appointment is made under subsection (13) ; or a meeting is convened and held because of an appointment under subsection (13) ; the proprietor of the community development lot remains liable for the contravention of subsection (2) . (sec.172-ssec.21) In this section— member , of a subsidiary body corporate that is a body corporate created by the registration of a building units or group titles plan, means a proprietor of a lot shown on the plan. overdue amount , for a body corporate or subsidiary body corporate, means— an amount of a contribution levied by the body corporate or subsidiary body corporate that is unpaid and has been due for payment for 30 or more days; or any other amount recoverable by the body corporate or subsidiary body corporate that is unpaid. undeveloped lot member , in relation to a subsidiary body corporate, means a member of the subsidiary body corporate who is an owner of a lot that has not been improved by, or is not part of, a building or other structure that is reasonably capable of being used for a purpose for which the lot may be used under the plan of development for the scheme applying to the lot.