sec.177Duties of bodies corporate

sec.177 Duties of bodies corporate

A body corporate must— control, manage and administer for the benefit of its members— the community property or the precinct property held by it; and any road, wharf or land leased by it under section 164 ; and properly maintain and keep in a state of good and serviceable repair— the community property or the precinct property held by it, including any improvements on the community property or the precinct property; and any personal property vested in it; and any road, wharf or land leased by the body corporate under section 164 and any improvements on the road, wharf or land; and arrange for insurance under section 182 ; and keep proper records of— notices given to the body corporate under this or another Act; and orders made by a court and served on the body corporate; and keep— for at least 10 years after their creation or receipt by or for the body corporate— full and accurate minutes of its meetings, including particulars of motions passed at the meetings; and proper books of account for amounts received or paid by the body corporate, showing the items for which the amounts were received or paid; and for at least 2 years after their creation or receipt by or for the body corporate—voting tally sheets or other records showing votes for motions and election ballots related to its meetings; and prepare, from the books mentioned in paragraph (e) , a proper statement of accounts of the body corporate in relation to each period— starting on the day of its incorporation or the day up to which the last statement was prepared; and ending on a day not earlier than 2 months before the next annual general meeting; and give a copy of the minutes of each of its meetings to each member of the body corporate and mortgagee of a lot within 21 days after the meeting is held; and convene an annual general meeting each year on or after the anniversary of the first annual general meeting, but not later than 2 months after the anniversary; and not later than 14 days after its incorporation and whenever necessary after that, determine the amounts necessary in its opinion to be raised by way of contributions— for the purpose of meeting its actual or expected liabilities incurred or to be incurred under paragraph (b) ; or for the payment of insurance premiums, rates or any other liability of the body corporate (other than amounts referred to in paragraph (m) ); and on first determining the amounts mentioned in paragraph (i) , establish a fund— into which must be paid all amounts received by it (including the proceeds of the sale or other disposal of any personal property of the body corporate and any fees received by it under section 180 ); and into which may be paid any amounts paid to the body corporate by way of discharge of insurance claims; and levy under section 174 , on each person liable, a contribution to raise the amounts mentioned in paragraph (i) ; and pay any amounts mentioned in paragraph (j) that are received by it and are not otherwise invested under section 176 (a) into an account established in a financial institution in the name of the body corporate; and if the body corporate— becomes liable to pay an amount that it is unable to pay immediately; and is not required under paragraph (k) to levy contributions to meet the liability; levy contributions under section 174 to raise the amount; and if the body corporate has entered into an agreement under section 176 (c) or (d) for the provision, by it or another person, of an amenity or service that is an essential utility service—take all reasonable steps to ensure continuity of the amenity or service; and carrying out repairs to an amenity or service ensuring that a service contractor carries out repairs to an amenity or service implement the decisions of the body corporate. For the purposes of section 174 , the body corporate may, in relation to contributions mentioned in subsection (1) (i) or (m) , determine by comprehensive resolution an amount that is not greater than 10% of the contributions. The body corporate may disburse amounts from its fund only for the purpose of— carrying out its powers and functions under this Act or its by-laws; or meeting a liability mentioned in subsection (1) (m) . A determination made by the body corporate under subsection (1) (i) may specify that the amounts concerned are to be raised by specified regular periodic contributions. If the body corporate fails to convene an annual general meeting within the period required by subsection (1) (h) , the next general meeting held after the expiry of the period is to be the annual general meeting of the body corporate. Subsection (1) (g) does not apply in relation to a person who— has given the secretary of the body corporate a written notice instructing the secretary that the person does not wish to be given copies of the minutes; and has not withdrawn the instruction. In this section— essential utility service means the provision of sewerage services, electricity, gas or water. s 177 amd 1993 No. 80 s 10 ; 1997 No. 17 s 74 sch ; 2011 No. 27 s 297 ; 2022 No. 28 s 37 (sec.177-ssec.1) A body corporate must— control, manage and administer for the benefit of its members— the community property or the precinct property held by it; and any road, wharf or land leased by it under section 164 ; and properly maintain and keep in a state of good and serviceable repair— the community property or the precinct property held by it, including any improvements on the community property or the precinct property; and any personal property vested in it; and any road, wharf or land leased by the body corporate under section 164 and any improvements on the road, wharf or land; and arrange for insurance under section 182 ; and keep proper records of— notices given to the body corporate under this or another Act; and orders made by a court and served on the body corporate; and keep— for at least 10 years after their creation or receipt by or for the body corporate— full and accurate minutes of its meetings, including particulars of motions passed at the meetings; and proper books of account for amounts received or paid by the body corporate, showing the items for which the amounts were received or paid; and for at least 2 years after their creation or receipt by or for the body corporate—voting tally sheets or other records showing votes for motions and election ballots related to its meetings; and prepare, from the books mentioned in paragraph (e) , a proper statement of accounts of the body corporate in relation to each period— starting on the day of its incorporation or the day up to which the last statement was prepared; and ending on a day not earlier than 2 months before the next annual general meeting; and give a copy of the minutes of each of its meetings to each member of the body corporate and mortgagee of a lot within 21 days after the meeting is held; and convene an annual general meeting each year on or after the anniversary of the first annual general meeting, but not later than 2 months after the anniversary; and not later than 14 days after its incorporation and whenever necessary after that, determine the amounts necessary in its opinion to be raised by way of contributions— for the purpose of meeting its actual or expected liabilities incurred or to be incurred under paragraph (b) ; or for the payment of insurance premiums, rates or any other liability of the body corporate (other than amounts referred to in paragraph (m) ); and on first determining the amounts mentioned in paragraph (i) , establish a fund— into which must be paid all amounts received by it (including the proceeds of the sale or other disposal of any personal property of the body corporate and any fees received by it under section 180 ); and into which may be paid any amounts paid to the body corporate by way of discharge of insurance claims; and levy under section 174 , on each person liable, a contribution to raise the amounts mentioned in paragraph (i) ; and pay any amounts mentioned in paragraph (j) that are received by it and are not otherwise invested under section 176 (a) into an account established in a financial institution in the name of the body corporate; and if the body corporate— becomes liable to pay an amount that it is unable to pay immediately; and is not required under paragraph (k) to levy contributions to meet the liability; levy contributions under section 174 to raise the amount; and if the body corporate has entered into an agreement under section 176 (c) or (d) for the provision, by it or another person, of an amenity or service that is an essential utility service—take all reasonable steps to ensure continuity of the amenity or service; and carrying out repairs to an amenity or service ensuring that a service contractor carries out repairs to an amenity or service implement the decisions of the body corporate. (sec.177-ssec.2) For the purposes of section 174 , the body corporate may, in relation to contributions mentioned in subsection (1) (i) or (m) , determine by comprehensive resolution an amount that is not greater than 10% of the contributions. (sec.177-ssec.3) The body corporate may disburse amounts from its fund only for the purpose of— carrying out its powers and functions under this Act or its by-laws; or meeting a liability mentioned in subsection (1) (m) . (sec.177-ssec.4) A determination made by the body corporate under subsection (1) (i) may specify that the amounts concerned are to be raised by specified regular periodic contributions. (sec.177-ssec.5) If the body corporate fails to convene an annual general meeting within the period required by subsection (1) (h) , the next general meeting held after the expiry of the period is to be the annual general meeting of the body corporate. (sec.177-ssec.6) Subsection (1) (g) does not apply in relation to a person who— has given the secretary of the body corporate a written notice instructing the secretary that the person does not wish to be given copies of the minutes; and has not withdrawn the instruction. (sec.177-ssec.7) In this section— essential utility service means the provision of sewerage services, electricity, gas or water.