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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
BUILDING UNITS AND
GROUP TITLES BILL 1994
Queensland
BUILDING UNITS AND GROUP TITLES
BILL 1994
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
3 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
4 Relationship between Act and Land Title Act . . . . . . . . . . . . . . . . . . . . . . . 14
PART 2--SUBDIVISION INTO COMMUNITY TITLES
Division 1--Primary plans
5 Division of land by primary plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
6 Requirements for primary plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
7 Application for registration of primary plan . . . . . . . . . . . . . . . . . . . . . . . . . . 16
8 Registration of primary plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Division 2--Subdivision by community titles plans
9 Subdivision of land by community titles plans . . . . . . . . . . . . . . . . . . . . . . . 17
10 Requirements for building units plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
11 Additional requirements for registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
12 Requirements for group titles plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
13 Additional requirements for registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
14 Application for registration of community titles plan . . . . . . . . . . . . . . . . . . 22
15 Registration of community titles plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
Division 3--Name
16 Name of building or parcel . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
17 Reservation of name . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
18 Period of reservation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
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19 Effect of reservation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
Division 4--Lot entitlements
20 Lot entitlements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
21 Change of lot entitlements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
Division 5--Statutory easements
22 Easements for support . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
23 Easements for services and service infrastructure . . . . . . . . . . . . . . . . . . . . . 25
24 Easements for shelter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
25 Easements for projections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
26 Ancillary rights and obligations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
Division 6--The common property
27 What is common property? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
28 Ownership of common property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
29 Rights and responsibilities for common property . . . . . . . . . . . . . . . . . . . . . 27
Division 7--Changes to registered plan
30 Changes to registered plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
31 Form of amendment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
32 Amendment of plans in staged development scheme . . . . . . . . . . . . . . . . . . 28
33 Who may make application for registration of amendment to plan . . . . . . 29
34 Documents to accompany application for registration . . . . . . . . . . . . . . . . . 30
35 Changes to the plan by amendment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
Division 8--Reinstatement schemes
36 Reinstatement schemes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
37 Registration of order directing changes to plan . . . . . . . . . . . . . . . . . . . . . . . 33
Division 9--Extinguishing registered plans
38 Extinguishing registered plans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
39 Application to extinguish registered plan . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
40 Registration of extinguishment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
41 Dissolution of body corporate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
42 Effects of extinguishment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
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PART 3--MANAGEMENT STRUCTURES AND
ARRANGEMENTS
Division 1--Body corporate
43 Establishment of body corporate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
44 Corporations Law does not apply to body corporate . . . . . . . . . . . . . . . . . . . 36
45 Name of body corporate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
46 Address of body corporate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
47 Body corporate's seal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
Division 2--Membership of body corporate
48 Membership of body corporate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
Division 3--Body corporate's general functions and powers
49 Body corporate's general functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
50 General powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
51 Body corporate must not carry on business . . . . . . . . . . . . . . . . . . . . . . . . . . 39
Division 4--Committee of body corporate
52 Committee of body corporate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
53 Election of committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
54 Committee members' proxies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
55 Term and casual vacancies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
56 Immunity from liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
Division 5--Procedures and powers of the committee
57 Calling of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
58 Time of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
59 Place of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
60 Agenda . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
61 Presiding at meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
62 Quorum and voting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
63 Voting outside meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
64 Minutes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
65 Power of committee to act for body corporate . . . . . . . . . . . . . . . . . . . . . . . 45
66 Carrying out resolutions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
Division 6--General meetings
67 Types of general meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
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68 Calling of general meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
69 Time of general meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
70 Place of general meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
71 Requirement for annual general meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
72 Requirement for extraordinary general meetings . . . . . . . . . . . . . . . . . . . . . 48
73 Agenda for general meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
74 Notice of general meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
Division 7--Annual general meetings
75 First annual general meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
76 Documents and materials to be handed over to body corporate at
first annual general meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
Division 8--Procedure at general meetings
77 Presiding at general meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
78 Power of presiding person to rule motion out of order . . . . . . . . . . . . . . . . . 54
79 Quorum . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
80 Entitlement to vote . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
81 Exercise of vote . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
82 Proxies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
83 Voting at general meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
84 Appointment of returning officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
85 Secretary to have available for inspection body corporate roll etc. . . . . . . 60
86 Amendment of motions at general meetings . . . . . . . . . . . . . . . . . . . . . . . . . 60
87 Presiding person's declaration of voting results . . . . . . . . . . . . . . . . . . . . . . 60
88 Amendment or revocation of resolution of general meeting . . . . . . . . . . . . 60
89 Minutes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
PART 4--MANAGEMENT AND SERVICE CONTRACTS
Division 1--Appointment of body corporate managers and service
contractors
90 Appointment of body corporate manager or service contractor . . . . . . . . . . 61
91 Authority to enter into or amend contract . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
92 Form of contract . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
93 Term of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
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Division 2--Transfer
94 Transfer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
Division 3--Terminating body corporate management contracts and
service contracts
95 Discretionary termination of early appointments of body
corporate manager or service contractor . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
96 Termination of body corporate management contract or service
contract . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
Division 5--Use of common property
97 Use of common property by service contractor . . . . . . . . . . . . . . . . . . . . . . . 66
98 Notices to be given to the Registrar . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
PART 5--FINANCIAL MANAGEMENT
Division 1--Budget
99 Budget . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
Division 2--Levies
100 Contributions to be levied on owners . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
101 Discounts for timely payment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
102 Penalties for late payment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
103 Notice of contribution payable . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
104 Payment and recovery of contributions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
Division 3--Administrative and sinking funds
105 Administrative and sinking funds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
106 Application of administrative and sinking funds . . . . . . . . . . . . . . . . . . . . . . 73
107 Special provision for certain staged development schemes . . . . . . . . . . . . . 73
Division 4--Borrowing
108 Power to borrow . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
Division 5--Control of spending
109 Spending by committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
110 Limitation on major spending . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
Division 6--Accounts and audit
111 Accounts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
112 Audit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
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PART 6--PROPERTY MANAGEMENT
Division 1--Body corporate's responsibilities
113 Body corporate's duties about common property etc. . . . . . . . . . . . . . . . . . . 78
114 Body corporate's responsibility in building units scheme . . . . . . . . . . . . . . 79
115 Mail box and notice board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
Division 2--Acquisition and disposal of common property
116 Acquisition of land by body corporate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
117 Disposal of interest in common property . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
Division 3--Easements
118 Easements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
Division 4--Improvements to common property
119 Improvements to the common property by the body corporate . . . . . . . . . . 83
120 Improvements to common property by owners . . . . . . . . . . . . . . . . . . . . . . . 83
121 Improvements to common property in staged development scheme . . . . . . 84
Division 5--Amenities and services
122 Acquisition of amenities for benefit of owners . . . . . . . . . . . . . . . . . . . . . . . 84
123 Acquisition of personal property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
124 Supply of services by body corporate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
Division 6--Power to act for owners and occupiers
125 Body corporate may carry out work required of owners and occupiers . . . . 85
126 Body corporate's power to take action to remedy defective
building work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86
Division 7--Power to enter lot
127 Power of entry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86
PART 7--CONDUCT OF OCCUPIERS
128 Interference with easements of support or shelter . . . . . . . . . . . . . . . . . . . . . 87
129 Interference with services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87
130 Nuisances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88
131 Maintenance of lots . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88
PART 8--BYLAWS
132 Power to make by-laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88
133 Exclusive use by-laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89
134 Registration and commencement of by-laws . . . . . . . . . . . . . . . . . . . . . . . . . 91
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135 Legal effect of by-laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92
136 Guide dogs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93
PART 9--INSURANCE
137 Insurance of lots and common property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93
138 Insurance where buildings and improvements in group titles
scheme mutually dependent for support on party wall . . . . . . . . . . . . . . . . . 94
139 Insurance where buildings in group titles scheme are not
supported by party wall . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95
140 Public risk insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96
141 Responsibility of original owner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96
142 Further insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97
143 Mortgagees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97
144 Insurance by owners . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98
145 Use of insurance money . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98
PART 10--VALUATION, RATING AND TAXING
146 How lot is to be regarded for rating or taxing purposes . . . . . . . . . . . . . . . . 99
147 Valuation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99
148 Rates, levies and charges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100
149 Effect of amendment on liability to rates . . . . . . . . . . . . . . . . . . . . . . . . . . 100
150 Apportionment of statutory charge . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101
PART 11--RECORDS
Division 1--Notices
151 Notice of transfer etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101
152 Notice of intention not to proceed to enforce mortgage . . . . . . . . . . . . . . . 102
153 Body corporate may require information to be given . . . . . . . . . . . . . . . . . 102
154 Body corporate to keep notices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102
Division 2--Records to be maintained
155 Roll . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103
156 Register of assets . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103
157 Register of body corporate management and service contracts . . . . . . . . . 104
158 Register of transactions affecting the common property . . . . . . . . . . . . . . 104
159 Register of by-laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104
160 Documents to be kept . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105
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161 Information to be given to interested persons etc. . . . . . . . . . . . . . . . . . . . . 106
162 Access to records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107
PART 12--SALE OF LOTS
163 Statement to be given by seller to buyer . . . . . . . . . . . . . . . . . . . . . . . . . . . 108
164 Contents of statement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108
165 Statement must be signed and dated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110
166 Information taken to be included in statement . . . . . . . . . . . . . . . . . . . . . . 110
167 Inaccuracies and changes of circumstances . . . . . . . . . . . . . . . . . . . . . . . . 111
168 Statement etc. to form part of contract . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111
169 Buyer may rely on information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111
170 Avoidance of contract for non-compliance with Part . . . . . . . . . . . . . . . . . 111
171 Consequences of avoidance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112
172 Restriction on powers of attorney in favour of original owner . . . . . . . . . . 112
PART 13--EXEMPTIONS
173 Exemptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112
PART 14--DISPUTES
Division 1--Referees
174 Appointment of referees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113
175 Delegation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113
176 Protection of referee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113
Division 2--Applications to referee
177 How to make application to referee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114
178 Notice of application to be given . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114
179 Amendment or withdrawal of application . . . . . . . . . . . . . . . . . . . . . . . . . . 115
180 Inspection of applications and submissions . . . . . . . . . . . . . . . . . . . . . . . . . 116
Division 3--Investigation by referee
181 Investigation by referee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116
182 Investigative powers of referee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117
Division 4--Mediation by referee
183 Mediation by referee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117
Division 5--Referee's orders
184 Orders generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118
9
Building Units and Group Titles
185 Particular orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119
186 Orders affecting by-law etc. to be lodged with Registrar . . . . . . . . . . . . . . 121
187 Interim orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121
188 Order to repair damage or pay compensation . . . . . . . . . . . . . . . . . . . . . . . 122
189 Appointment of administrator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122
190 Change of body corporate's financial year . . . . . . . . . . . . . . . . . . . . . . . . . 123
191 Ancillary provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123
192 Limitation on powers of referee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124
Division 6--Enforcement of orders
193 Notice of order to be given . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124
194 Enforcement of orders for payment of amounts . . . . . . . . . . . . . . . . . . . . . . 124
195 Enforcement of other orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125
Division 7--Appeals from referee
196 Right to appeal to Magistrates Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125
197 How to start appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125
198 Stay of operation of orders and decisions . . . . . . . . . . . . . . . . . . . . . . . . . . 126
199 Hearing procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126
200 Powers of Magistrates Court on appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . 127
Division 8--Appeals from Magistrates Court
201 Appeal to District Court on questions of law only . . . . . . . . . . . . . . . . . . . 127
Division 9--Miscellaneous
202 False or misleading information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128
203 False or misleading documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128
204 Referee must give certain information on application . . . . . . . . . . . . . . . . 129
205 Magistrates Court in which proceeding lies . . . . . . . . . . . . . . . . . . . . . . . . 129
206 Rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129
PART 15--MISCELLANEOUS
207 Associates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 130
208 Protection of persons dealing with body corporate . . . . . . . . . . . . . . . . . . . 130
209 Body corporate to be taken to be owner of parcel for certain Acts etc. . . 131
210 Legal proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131
211 Representation in planning proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . 131
10
Building Units and Group Titles
212 Liability of owners to judgment debts of body corporate . . . . . . . . . . . . . . 131
213 Service of legal process etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 132
214 Exercise of statutory powers of entry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 132
215 Prevention of contracting out . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 132
216 Procedures of Supreme Court in proceedings under this Act . . . . . . . . . . . 132
217 Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133
218 Chief executive may approve forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133
219 References to body corporate managers and service contractors . . . . . . . 133
220 Facsimile . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133
221 Regulation making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133
PART 16--TRANSITIONAL PROVISIONS
222 Certain arrangements to continue . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 134
223 Saving of existing community titles schemes etc . . . . . . . . . . . . . . . . . . . . 135
224 Saving of by-laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 136
225 Saving of special rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138
226 Investigations by referee under former Act etc. . . . . . . . . . . . . . . . . . . . . . . 138
227 References to former Acts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138
PART 17--REPEAL AND AMENDMENTS
228 Repeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 139
229 Amendments--Sch 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 139
SCHEDULE 1 . . . . . . . . . . . . . . . . . . . . . . . 140
BYLAWS
1 Noise . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 140
2 Vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 140
3 Obstruction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 140
4 Damage to lawns etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 140
5 Damage to common property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 141
6 Behaviour of invitees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 141
7 Leaving of rubbish etc. on the common property . . . . . . . . . . . . . . . . . . . . 141
8 Appearance of lot . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 142
11
Building Units and Group Titles
9 Storage of flammable materials . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 142
10 Garbage disposal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 142
11 Keeping of animals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 143
SCHEDULE 2 . . . . . . . . . . . . . . . . . . . . . . . 144
AMENDMENT OF ACTS
AUCTIONEERS AND AGENTS ACT 1971 . . . . . . . . . . . . . . . . . . . . . . . . 144
FIRE SERVICE ACT 1990 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 145
INTEGRATED RESORT DEVELOPMENT ACT 1987 . . . . . . . . . . . . . . . 146
LAND SALES ACT 1984 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 152
LAND TAX ACT 1915 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 152
LAND TITLE ACT 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 153
LOCAL GOVERNMENT ACT 1993 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 154
LOCAL GOVERNMENT (PLANNING AND ENVIRONMENT)
ACT 1990 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 154
MIXED USE DEVELOPMENT ACT 1993 . . . . . . . . . . . . . . . . . . . . . . . . . 159
MORTGAGES (SECONDARY MARKET) ACT 1984 . . . . . . . . . . . . . . . 167
REGISTRATION OF PLANS (H.S.P. (NOMINEES) PTY.
LIMITED) ENABLING ACT 1980 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 167
REGISTRATION OF PLANS (STAGE 2) (H.S.P. (NOMINEES)
PTY. LIMITED) ENABLING ACT 1984 . . . . . . . . . . . . . . . . . . . . . . . . . . . 171
RETIREMENT VILLAGES ACT 1988 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 175
SANCTUARY COVE RESORT ACT 1985 . . . . . . . . . . . . . . . . . . . . . . . . 175
STAMP ACT 1894 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 179
STATE HOUSING ACT 1945 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 180
SCHEDULE 3 . . . . . . . . . . . . . . . . . . . . . . . 181
DICTIONARY
1994
A BILL
FOR
An Act providing for the establishment and administration of
community titles schemes, and for other purposes
s1 14 s4
Building Units and Group Titles
The Parliament of Queensland enacts-- 1
PART 1--PRELIMINARY 2
title 3
Short
1. This Act may be cited as the Building Units and Group Titles Act 4
1994. 5
6
Commencement
2. This Act commences on a day to be fixed by proclamation. 7
8
Dictionary
3. The dictionary1 in Schedule 3 defines particular words used in this 9
Act. 10
between Act and Land Title Act 11
Relationship
4.(1) This Act and the Land Title Act 1994 must be read together as a 12
single Act. 13
(2) However, if there is an inconsistency between this Act and the Land 14
Title Act 1994, this Act prevails to the extent of the inconsistency. 15
16
Example of inconsistency--
17
Under this Act a lot is a lot in a registered plan. Under the Land Title Act 1994
18
(section 4), a lot is a separate, distinct parcel of land created on the registration of a
19
plan of survey or the recording of particulars of a deed of grant, and includes a lot
20
within the meaning of this Act. Because of subsection (2), this Act's definition of
21
lot, and not the Land Title Act definition, applies throughout this Act and to this
22
Act's application to the Land Title Act. Thus a lot mentioned in section 25
23
(Easements for projections) is a lot within the meaning of this Act and not a lot
24
within the meaning of the Land Title Act.
1 In some Acts, definitions are contained in a dictionary that appears as the last
Schedule and forms part of the Act--see Acts Interpretation Act 1954, section 14.
s5 15 s6
Building Units and Group Titles
PART 2--SUBDIVISION INTO COMMUNITY TITLES 1
1--Primary plans 2
Division
of land by primary plan 3
Division
5.(1) Land may be divided into development lots and primary common 4
property by registration of a primary plan. 5
(2) A primary plan must relate to all the land included in a Land Title Act 6
allotment. 7
for primary plan 8
Requirements
6.(1) A primary plan must indicate the general purposes for which the 9
lots, to be included in the community titles schemes proposed for the land, 10
are intended to be used. 11
12
Example--
13
The primary plan may provide for the division of land into 4 development lots--
14
· 1 to be divided by group titles plan into 12 connected townhouses
15
· 1 to be divided by building units plan into 20 residential units for holiday
16
letting
17
· 1 to be divided by building units plan into 10 lots for shops and offices
18
· 1 to be divided by group titles plan into 4 residential lots with stand alone
19
houses.
(2) A primary plan must-- 20
(a) delineate the development lots and the primary common property 21
into which the land is, in the first instance, to be divided; and 22
(b) show the area of each development lot and of the primary 23
common property; and 24
(c) state the lot entitlement of each development lot; and 25
(d) state the name and address for service of the primary body 26
corporate; and 27
s7 16 s7
Building Units and Group Titles
(e) state whether secondary bodies corporate are to be formed on the 1
registration of secondary plans; and 2
(f) contain the further information required under the regulations; and 3
(g) be accompanied by the master plan. 4
(3) The master plan must-- 5
(a) provide for the further subdivision of the development lots by 6
secondary plans; and 7
(b) state the number of lots into which each development lot is to be 8
subdivided. 9
(4) The master plan may provide for the further division of a 10
development lot into 2 or more development lots. 11
for registration of primary plan 12
Application
7. An application for registration of a primary plan must be-- 13
(a) made by the registered owner of the land to which the plan 14
relates; and 15
(b) accompanied by certificates by the local government approving-- 16
(i) the division of the land into development lots and primary 17
common property in accordance with the plan; and 18
(ii) the further subdivision of the development lots, subject to 19
the submission of appropriate secondary plans, into lots and 20
common property; and 21
(c) accompanied by a certificate by a licensed valuer certifying-- 22
(i) the unimproved value of each of the development lots; and 23
(ii) that the schedule of lot entitlements of the development lots 24
accurately reflects the relative unimproved value of the 25
development lots; and 26
(d) accompanied by a certificate by a licensed surveyor certifying the 27
accuracy of the plan; and 28
s8 17 s 10
Building Units and Group Titles
(e) accompanied by any certificate of title for the land; and 1
(f) accompanied by the other documents required under the 2
regulations. 3
of primary plan 4
Registration
8.(1) If a primary plan and the application for its registration comply with 5
this Act, the Registrar must register the plan by allocating a number to the 6
plan and registering it in the freehold land register. 7
(2) Before registering the primary plan, the Registrar may inspect the 8
parcel to which the plan relates. 9
(3) Within 28 days after registering the primary plan, the Registrar must 10
give a copy of the plan to the local government and the body corporate. 11
2--Subdivision by community titles plans 12
Division
of land by community titles plans 13
Subdivision
9.(1) Land may be subdivided into lots and common property by 14
registration of a community titles plan. 15
(2) The community titles plan must relate to-- 16
(a) all of the land included in a Land Title Act allotment; or 17
(b) all of a development lot in a staged development scheme. 18
for building units plan 19
Requirements
10.(1) A building units plan must indicate the general purposes for which 20
the lots are intended to be used.2 21
2 The body corporate may make by-laws regulating the use and enjoyment of the
common property and the lots (section 132(2)(b) (Power to make by-laws)).
However, a by-law cannot restrict the commercial use of a lot unless the owner
agrees (section 132(3)), cannot restrict the type of residential use to which a lot
that is available for residential use may be put (section 132(4)), and cannot
prevent or restrict a transmission, transfer, mortgage or other dealing with a lot
(section 135(2) (Legal effect of by-laws)).
s 10 18 s 10
Building Units and Group Titles
1
Examples--
2
1. The plan may indicate that the lots are to be used for--
3
· long-term residence (3 months or more)
4
· short-term holiday letting
5
· a mixture of long-term residence and holiday letting.
6
2. The plan may indicate that the lots are to be used for--
7
· shops
8
· professional offices
9
· a mixture of shops and professional offices.
(2) A building units plan must-- 10
(a) delineate the external surface boundaries of the parcel; and 11
(b) define the location of the building by reference to the external 12
surface boundaries; and 13
(c) include a drawing of the lots, distinguishing each lot by number; 14
and 15
(d) define the boundaries of each lot in the building by reference to 16
structural elements of the building, including, for example, floors, 17
walls and ceilings; and 18
(e) state the approximate floor area of each lot; and 19
(f) state the lot entitlement of each lot; and 20
(g) if there is a party wall between the building to which the plan 21
relates and another building--delineate the party wall easement; 22
and 23
(h) state the name of the building; and 24
(i) state the address of the body corporate for the service of 25
documents; and 26
(j) comply with other requirements prescribed under the regulations. 27
(3) The position of the boundaries of a lot is fixed on the following 28
basis-- 29
s 11 19 s 11
Building Units and Group Titles
(a) if the lot is separated from another lot, or the common property, 1
by a floor, wall or ceiling--the boundary is at the centre of the 2
floor, wall or ceiling; and 3
(b) if a lot includes a balcony, courtyard, roof garden or other area not 4
bounded, or completely bounded, by floor, walls and ceiling--the 5
boundary is to be in a position-- 6
(i) fixed under the regulations; or 7
(ii) if there is no relevant regulation-- shown or described on 8
the plan and approved by the Registrar. 9
requirements for registration 10
Additional
11.(1) A building units plan lodged for registration must be endorsed 11
with, or accompanied by-- 12
(a) a certificate by a licensed surveyor certifying that-- 13
(i) each lot is within the external surface boundaries of the 14
parcel; and 15
(ii) the building is completely within the external surface 16
boundaries of the parcel, or is within the external surface 17
boundaries of the parcel, apart from parts of the building 18
projecting beyond the boundaries for which-- 19
(A) an appropriate easement has been granted for the 20
benefit of the parcel; or 21
(B) if the projection is over property under the management 22
of the local government or another public authority-- 23
an appropriate licence or consent has been obtained; and 24
(iii) the building is not supported by a building outside the parcel, 25
or the building is supported by a building outside the parcel 26
and an appropriate registered easement of support exists; and 27
(b) a certificate by an architect, building designer, or building officer 28
of the local government, certifying that-- 29
(i) the building has been substantially completed in accordance 30
with plans and specifications approved by the local 31
government; or 32
s 11 20 s 11
Building Units and Group Titles
(ii) the building was built before legislation requiring the local 1
government's approval came into operation3 and-- 2
(A) later work for which the local government's approval 3
was required has not been carried out in relation to the 4
building; or 5
(B) later work for which the local government's approval 6
was required has been carried out, and the work has 7
been substantially completed in accordance with plans 8
and specifications approved by the local government; 9
and 10
(c) other information and materials required under the regulations. 11
(2) If the certificate under subsection (1)(b)(ii) cannot be obtained from 12
an architect, building designer, or building officer of the local government, 13
the certificate may be given by the owner of the building. 14
(3) A person must not make a certificate under this section containing 15
information the person knows is false, misleading or incomplete in a 16
material particular. 17
Maximum penalty--40 penalty units. 18
(4) It is enough for a complaint against a person for an offence against 19
subsection (3) to state that the document was false, misleading or 20
incomplete to the person's knowledge. 21
(5) A local government, or a local government employee, incurs no civil 22
liability for a false, misleading or incomplete certificate made under this 23
section. 24
3 1 February 1973.
s 12 21 s 13
Building Units and Group Titles
for group titles plan 1
Requirements
12.(1) A group titles plan must state the general purpose for which the 2
lots are intended to be used.4 3
4
Example--
5
The plan may state that the lots are to be used for residential purposes.
(2) A group titles plan must-- 6
(a) delineate the external surface boundaries of the parcel; and 7
(b) delineate the lots and distinguish each lot by number; and 8
(c) delineate the common property; and 9
(d) state the area of each lot and of the common property; and 10
(e) state the lot entitlement of each lot; and 11
(f) state the name of the parcel; and 12
(g) state the address of the body corporate for the service of 13
documents; and 14
(h) comply with the other requirements prescribed under the 15
regulations. 16
requirements for registration 17
Additional
13. A group titles plan lodged for registration must be endorsed with, or 18
accompanied by-- 19
(a) a certificate by a licensed surveyor certifying the accuracy of the 20
plan; and 21
(b) a certificate by a licensed valuer certifying-- 22
(i) the unimproved value of each of the lots; and 23
4 The body corporate may make by-laws regulating the use and enjoyment of the
common property and the lots (section 132(2)(b) (Power to make by-laws)).
However, a by-law cannot restrict the commercial use of a lot unless the owner
agrees (section 132(3)), cannot restrict the kind or residential use to which a lot
that is available for residential use may be put (section 132(4)), and cannot
prevent or restrict a transmission, transfer, mortgage or other dealing with a lot
(section 135(2) (Legal effect of by-laws)).
s 14 22 s 16
Building Units and Group Titles
(ii) that the schedule of lot entitlements accurately reflects the 1
relative unimproved value of the lots. 2
for registration of community titles plan 3
Application
14. An application for registration of a community titles plan must be-- 4
(a) made by the registered owner of the land to which the plan 5
relates; and 6
(b) accompanied by a certificate by the local government certifying 7
that the subdivision of land into lots and common property in 8
accordance with the plan has been approved or noted as required 9
under the Local Government (Planning and Environment) Act 10
1990; and 11
(c) accompanied by any certificate of title for the land; and 12
(d) accompanied by the other documents required under the 13
regulations. 14
of community titles plan 15
Registration
15.(1) If a community titles plan and the application for its registration 16
comply with this Act, the Registrar must register the plan by allocating a 17
number to the plan and registering it in the freehold land register. 18
(2) Before registering the community titles plan, the Registrar may 19
inspect the parcel to which the plan relates. 20
(3) Within 28 days after registering the community titles plan, the 21
Registrar must give a copy of the plan to the local government and the body 22
corporate. 23
3--Name 24
Division
of building or parcel 25
Name
16.(1) The name of the building in a registered building units plan is the 26
building's name shown on the plan. 27
s 17 23 s 18
Building Units and Group Titles
(2) The name of the parcel in a registered plan (other than a building units 1
plan) is the parcels's name shown on the plan. 2
(3) The Registrar may refuse to register a plan if the name of the building 3
or parcel shown on the plan-- 4
(a) is the same as the name of the building or parcel shown on 5
another registered plan of the same type; or 6
(b) is the same as a name reserved under this Division for a person 7
other than the applicant; or 8
(c) is reserved under the South Bank Corporation Act 1989;5 or 9
(d) is, in the Registrar's opinion, undesirable. 10
of name 11
Reservation
17.(1) The Registrar may, on application, reserve a name stated in the 12
application as the name of-- 13
(a) the building in a proposed building units plan; or 14
(b) the parcel in another type of proposed plan. 15
(2) The Registrar must reserve the name if satisfied the name is 16
acceptable for registration under this Act. 17
of reservation 18
Period
18.(1) The reservation of a name is for an initial period of 2 years and 19
may be extended by the Registrar for an additional period of 1 year. 20
(2) The extension may be granted on an application made, within the 21
initial period, by the person for whom the name is reserved. 22
(3) However, the reservation ends if-- 23
(a) the person withdraws the reservation; or 24
(b) a plan is registered in which the reserved name is given to a 25
building or parcel. 26
5 See Schedule 7, section 9(3A), of the South Bank Corporation Act 1989.
s 19 24 s 21
Building Units and Group Titles
of reservation 1
Effect
19. If a name reserved under this Division is proposed for a building or a 2
parcel in a plan or amendment by a person other than the person for whom 3
the name was reserved, the plan or amendment may be registered only if 4
the name is changed. 5
Division 4--Lot entitlements 6
entitlements 7
Lot
20.(1) Each lot created by a plan has a lot entitlement. 8
(2) The lot entitlement of a lot must be a whole number. 9
(3) The lot entitlement for each lot must be shown on a schedule forming 10
part of the registered plan. 11
of lot entitlements 12
Change
21.(1) The lot entitlements of the lots created by a building units plan 13
may be changed-- 14
(a) by unanimous resolution of the body corporate; or 15
(b) by order of the Supreme Court made on the application of the 16
owner of a lot; or 17
(c) if the total lot entitlements of the lots subject to the change is not 18
affected--by agreement between the owners of the lots and with 19
the consent of the registered mortgagees and lessees of the lots. 20
(2) The Supreme Court may make an order for changing lot entitlements 21
under subsection (1)(b) if satisfied the change is just and equitable. 22
(3) However, a change of lot entitlements does not take effect until the 23
plan is changed by registration of an amendment including the change. 24
(4) The Registrar may amend a plan to change lot entitlements if the 25
change is necessary to preserve the relative lot entitlements of the lots. 26
s 22 25 s 23
Building Units and Group Titles
1
Examples of amendments under subsection (4)--
2
1. If a lot with a lot entitlement of 1 is divided by an amendment to the plan into
3
2 lots, each with a lot entitlement of 1, the Registrar may double the lot entitlements
4
of the other lots to preserve the previous relativity.
5
2. If a development lot in a staged development scheme is subdivided by a
6
secondary plan, and a secondary body corporate is not established on registration of
7
the secondary plan, the Registrar may change the lot entitlements of other
8
development lots, or of lots created by previous secondary plans, to preserve the
9
relativity between the lot entitlements of the development lots.
Division 5--Statutory easements 10
for support 11
Easements
22. An easement of lateral or subjacent support exists-- 12
(a) in favour of a lot against another lot capable of providing lateral or 13
subjacent support; and 14
(b) in favour of a lot against the common property, if the common 15
property is capable of providing lateral or subjacent support; and 16
(c) in favour of the common property against a lot capable of 17
providing lateral or subjacent support. 18
for services and service infrastructure 19
Easements
23.(1) An easement exists in favour of a lot and against other lots and the 20
common property for supplying services to the lot and establishing and 21
maintaining service infrastructure reasonably necessary for supplying 22
services to the lot. 23
(2) However, the easement must not interfere unreasonably with the use 24
or enjoyment of the lot or part of the common property against which the 25
easement lies. 26
(3) An easement exists in favour of the common property and against the 27
lots for supplying services to the common property and establishing and 28
maintaining service infrastructure reasonably necessary for supplying 29
services to the common property. 30
s 24 26 s 27
Building Units and Group Titles
(4) However, the easement must not interfere unreasonably with the use 1
or enjoyment of the lots against which the easement lies. 2
for shelter 3
Easements
24. An easement entitling the owner of a lot in a building units scheme to 4
have the lot sheltered by parts of the building necessary to provide shelter 5
exists against the lots or parts of the common property where the relevant 6
parts of the building are situated. 7
for projections 8
Easements
25. If-- 9
(a) a building (whether built before or after registration of the plan) is 10
situated on a lot created on registration of a group titles plan; and 11
(b) eaves, guttering, awnings, window sills, or other minor parts of 12
the building (as originally built) project beyond the boundaries of 13
the lot; 14
an easement exists in favour of the lot and against the part of the lot or 15
common property over which the projection lies permitting the projection. 16
rights and obligations 17
Ancillary
26. Ancillary rights and obligations necessary to make easements 18
effective apply to easements under this Division. 19
Division 6--The common property 20
is common property? 21
What
27.(1) A body corporate's common property consists of-- 22
(a) parts of a parcel (including buildings or other parts of buildings 23
and improvements) that are not within a lot; and 24
(b) the service infrastructure. 25
s 28 27 s 29
Building Units and Group Titles
(2) However, a part of the service infrastructure within a lot, and solely 1
related to supplying services to the lot, is common property only if it is 2
within a boundary structure separating the lot from another lot or from 3
common property. 4
of common property 5
Ownership
28.(1) The common property is owned by the owners of the lots, as 6
tenants in common, in shares proportionate to the lot entitlements of their 7
respective lots. 8
(2) An owner's interest in a lot is inseparable from the owner's interest 9
in the common property. 10
11
Examples--
12
1. A dealing affecting the lot affects, without express mention, the interest in the
13
common property.
14
2. An owner cannot separately deal with or dispose of the owner's interest in the
15
common property.
(3) If the owner of a lot is not the occupier, any right the owner has under 16
this Act or by-laws to the occupation or use of the common property, or the 17
use or enjoyment of the body corporate's facilities, is transferred to the 18
occupier. 19
(4) If the body corporate is authorised under this Act to enter into a 20
transaction affecting the common property, it may enter into the transaction, 21
and execute documents related to the transaction, in its own name, as if it 22
were the owner of an estate of fee simple in the common property. 23
and responsibilities for common property 24
Rights
29.(1) The body corporate may sue and be sued for rights and liabilities 25
related to the common property as if the body corporate were the owner and 26
occupier of the common property. 27
28
Examples--
29
1. If a person (including the owner of a lot) damages the common property, the
30
body corporate may sue to recover the loss arising from the damage.
31
2. If a person is injured while on the common property, an action claiming failure
32
by the occupier to exercise a proper standard of care lies against the body corporate.
s 30 28 s 32
Building Units and Group Titles
(2) If, before registration of a plan, the original owner entered into a 1
contract to have work carried out on the common property, the body 2
corporate is, on registration of the plan, subrogated to-- 3
(a) the rights of the original owner under the contract; and 4
(b) the rights of the contractor against subcontractors. 5
(3) The rights of the body corporate under subsection (2) cannot be 6
excluded by contract. 7
7--Changes to registered plan 8
Division
to registered plan 9
Changes
30. A registered plan may be changed by the registration of an 10
amendment under this Division. 11
12
Examples of changes that may be made by amendment--
13
1. A change to the position of boundaries of a lot or the common property.
14
2. A change to the name of the building, or the parcel, as shown on the plan.
15
3. A change to the provision for future development contained in the master plan
16
for a staged development scheme.
of amendment 17
Form
31. An amendment must delineate the new boundaries if it-- 18
(a) provides for the amalgamation of lots; or 19
(b) provides for the conversion of a lot into common property; or 20
(c) affects the boundaries of a lot or the common property in another 21
way. 22
of plans in staged development scheme 23
Amendment
32.(1) An amendment may only be made affecting the boundaries of a 24
lot or the common property in a registered primary or secondary plan in a 25
staged development scheme if-- 26
(a) the amendment is in accordance with the master plan; or 27
s 33 29 s 33
Building Units and Group Titles
(b) the amendment is authorised by unanimous resolution of-- 1
(i) the primary body corporate; and 2
(ii) if there are secondary bodies corporate--each secondary 3
body corporate; or 4
(c) the amendment is authorised by order of the Supreme Court 5
under subsection (3). 6
(2) However, if the lots created by registration of a secondary plan in a 7
staged development scheme are subject to a leaseback arrangement, an 8
amendment may only be made to the secondary plan during the term of the 9
leaseback arrangement if-- 10
(a) the amendment is in accordance with the master plan; or 11
(b) the owners of all the lots approve the proposed amendment in 12
writing; or 13
(c) the amendment is of temporary duration and will not apply after 14
the end of the leaseback arrangement; or 15
(d) the Supreme Court authorises the amendment under 16
subsection (3). 17
(3) On application by a primary or secondary body corporate or the 18
owner of a lot, the Supreme Court may authorise the amendment of a 19
primary or secondary plan in a staged development scheme if the Court is 20
satisfied the amendment is necessary or appropriate. 21
(4) However, the Supreme Court may not authorise a change of the lot 22
entitlements of lots created under a group titles plan or primary plan. 23
may make application for registration of amendment to plan 24
Who
33. An application for registration of an amendment to a registered plan 25
may only be made by-- 26
(a) the owner of a lot affected by the amendment; or 27
(b) the body corporate. 28
s 34 30 s 34
Building Units and Group Titles
to accompany application for registration 1
Documents
34.(1) This section specifies the documents that must accompany an 2
application for registration of an amendment of a registered plan. 3
(2) If the amendment affects the boundaries of the common property, the 4
application must be accompanied by the following documents-- 5
(a) a plan of the amendment; 6
(b) a certificate under the body corporate's common seal certifying 7
that the body corporate approved the amendment by unanimous 8
resolution; 9
(c) a certificate by the local government certifying that the 10
amendment has been approved or noted as required under the 11
Local Government (Planning and Environment) Act 1990. 12
(3) If the amendment affects the boundaries of a lot, the application must 13
be accompanied by the following documents-- 14
(a) a plan of the amendment; 15
(b) the written agreement of the owner of the lot and the holders of 16
registered mortgages, charges and encumbrances (other than 17
easements); 18
(c) any certificates of title for the lot; 19
(d) a certificate by the local government certifying that the 20
amendment has been approved or noted as required under the 21
Local Government (Planning and Environment) Act 1990; 22
(e) if part of the common property is amalgamated with a lot--a 23
stamped instrument of transfer executed by the body corporate as 24
transferor and the owner of the lot as transferee; 25
(f) if a lot, or part of a lot, is amalgamated with the common 26
property--a stamped instrument of transfer executed by the 27
owner of the lot as transferor and the body corporate as 28
transferee; 29
(g) if a lot or part of a lot is amalgamated with another lot--a 30
stamped instrument of transfer executed by-- 31
(i) the owner of the lot or part to be amalgamated as transferor; 32
and 33
s 35 31 s 35
Building Units and Group Titles
(ii) the owner of the other lot as transferee. 1
(4) If the amendment changes lot entitlements (whether or not it also 2
affects the boundaries of a lot), the application must be accompanied by the 3
following documents-- 4
(a) 1 of the following-- 5
(i) a certificate under the body corporate's common seal 6
certifying that the body corporate approved the amendment 7
by unanimous resolution; 8
(ii) a certified copy of the Supreme Court's order under which 9
the change is to be made; 10
(iii) if the change is made by agreement--a certificate signed by 11
the owners of lots whose agreement is required certifying 12
that they agree to the change and certificates of consent 13
signed by other persons with registered interests in the lots 14
whose consent to the agreement is required; 15
(b) if the lots are created under a primary plan or a group titles 16
plan--a certificate by a licensed valuer certifying the unimproved 17
value of each lot affected by the change, and that its lot entitlement 18
accurately reflects its unimproved value relative to the total 19
unimproved value of all the lots. 20
(5) However, a certificate is not required under subsection (4)(b) if the 21
amendment amalgamates 2 or more lots and makes no other changes to 22
their boundaries. 23
(6) In any case, the application must also be accompanied by the 24
documents required under the regulations. 25
to the plan by amendment 26
Changes
35.(1) If an amendment of a registered plan and the application for its 27
registration comply with this Act, the Registrar must change the plan by 28
registering the amendment in the freehold land register. 29
(2) Before registering the amendment, the Registrar may inspect the 30
parcel to which the plan relates. 31
s 36 32 s 36
Building Units and Group Titles
(3) On registering the amendment, the Registrar-- 1
(a) must change the particulars of the lots including the lot 2
entitlements recorded in the freehold land register in accordance 3
with the change to the plan; and 4
(b) may cancel certificates of title previously issued for lots affected 5
by the change and issue new certificates of title. 6
(4) Within 28 days after registering an amendment that changes the 7
boundaries of a lot or the common property, changes a lot entitlement, or 8
changes the name of a building or the common property, the Registrar must 9
give a copy of the amendment to the local government and the body 10
corporate. 11
Division 8--Reinstatement schemes 12
schemes 13
Reinstatement
36.(1) If a building to which a building units plan relates is damaged, the 14
body corporate, or an owner or registered mortgagee of a lot, may apply to 15
the Supreme Court for approval of a scheme for reinstating the building in 16
whole or part. 17
(2) The Supreme Court may approve the scheme. 18
(3) On approving a scheme, the Supreme Court may make orders it 19
considers just and equitable-- 20
(a) directing how insurance money is to be applied; and 21
(b) directing payment by the body corporate or any 1 or more owners 22
of lots; and 23
(c) directing changes to the building units plan; and 24
(d) requiring the body corporate to compensate the owners of lots 25
extinguished by changes to the plan; and 26
(e) dealing with incidental or ancillary matters. 27
(4) An insurer of the building is a party to an application under this 28
section. 29
s 37 33 s 39
Building Units and Group Titles
of order directing changes to plan 1
Registration
37. If an application for registration of an order directing changes to a 2
building units plan complies with this Act, the Registrar must change the 3
plan by registering particulars of the order in the freehold land register. 4
9--Extinguishing registered plans 5
Division
registered plans 6
Extinguishing
38.(1) A registered plan may be extinguished if-- 7
(a) the body corporate by unanimous resolution decides to extinguish 8
the plan; or 9
(b) the Supreme Court decides it is just and equitable to extinguish 10
the plan and makes an order for extinguishing it. 11
(2) If a lessee of a lot is entitled to vote at general meetings of a body 12
corporate and votes in favour of a resolution for extinguishing the plan, the 13
resolution may be implemented only if the owner of the lot agrees in 14
writing. 15
(3) The Supreme Court may make an order under subsection (1)(b) on 16
application by the body corporate or the owner of a lot. 17
to extinguish registered plan 18
Application
39.(1) An application for registration of the extinguishment of a plan 19
may only be made by-- 20
(a) the body corporate; or 21
(b) a person on whose application the Supreme Court made an order 22
for extinguishing the plan. 23
(2) The application must be accompanied by-- 24
(a) a certified copy of the resolution or order to extinguish the plan; 25
and 26
s 40 34 s 40
Building Units and Group Titles
(b) a certificate of the local government certifying that the proposal to 1
extinguish the plan has been approved or noted as required under 2
the Local Government (Planning and Environment) Act 1990; 3
and 4
(c) appropriate evidence that there is no registrable or short lease to 5
which a lot or the common property is subject; and 6
(d) any certificates of title issued for the lots. 7
of extinguishment 8
Registration
40.(1) If the application for extinguishing the registered plan complies 9
with this Act, the Registrar must extinguish the plan by-- 10
(a) registering the extinguishment in the freehold land register; and 11
(b) cancelling the particulars (other than particulars of easements) 12
recorded in the freehold land register about land included in the 13
plan. 14
(2) The extinguishment takes effect on the day the Registrar takes the 15
action mentioned in subsection (1). 16
(3) On extinguishing the registered plan, the Registrar must create a 17
single indefeasible title for a Land Title Act allotment consisting of all the 18
land formerly included in the registered plan by recording the persons who 19
were the registered owners of the lots immediately before the plan was 20
extinguished (the "joint owners") as tenants in common in the shares the 21
lot entitlements of their respective lots bore (immediately before the plan 22
was extinguished) to the total lot entitlement of all the lots. 23
(4) In addition, if an instrument of transfer by or for the joint owners 24
transferring all or part of the land was lodged with the application, the 25
Registrar must create an indefeasible title for a Land Title Act allotment 26
reflecting the transfer, and, if part of the land is not transferred, for a Land 27
Title Act allotment consisting of the part of the land not transferred, by 28
recording the joint owners as tenants in common in the shares the lot 29
entitlements of their respective lots bore (immediately before the plan was 30
extinguished) to the total lot entitlement of all the lots. 31
s 41 35 s 42
Building Units and Group Titles
(5) Within 28 days after extinguishing the plan, the Registrar must give 1
notice of the date the plan was extinguished, and the present registered 2
owners of the land, formerly included in the plan, to the local government. 3
of body corporate 4
Dissolution
41.(1) When a plan is extinguished, the body corporate is dissolved. 5
(2) On dissolution of a body corporate-- 6
(a) the owners of the lots immediately before the plan was 7
extinguished (the "former owners") become entitled to the 8
property of the body corporate in shares proportionate to their 9
respective lot entitlements; and 10
(b) the liabilities of the body corporate are vested jointly and severally 11
in the former owners (but they are entitled to contribution against 12
each other in proportion to their respective lot entitlements). 13
(3) On the application of an interested person, the Supreme Court may 14
make orders for the custody, management and distribution of the property 15
of the former body corporate. 16
of extinguishment 17
Effects
42.(1) If a lot was subject to a mortgage immediately before a plan was 18
extinguished-- 19
(a) the former owner's interest in the land as tenant in common is 20
subject to the mortgage; and 21
(b) if the land is transferred under section 40(4)6 before the mortgage 22
is discharged--the transferee's interest is subject to the mortgage. 23
(2) If a secondary plan is extinguished, the land formerly included in the 24
plan again becomes an undivided development lot in a staged development 25
scheme. 26
(3) If a registered plan is extinguished, a liability for a rate or charge that 27
had accrued on a lot before the plan was extinguished is not affected. 28
6 Section 40 (Registration of extinguishment).
s 43 36 s 45
Building Units and Group Titles
ART 3--MANAGEMENT STRUCTURES AND 1
P
ARRANGEMENTS 2
Division 1--Body corporate 3
of body corporate 4
Establishment
43.(1) On registration of a primary plan or community titles plan, a body 5
corporate is established. 6
(2) However, if a primary plan provides that the proprietors of lots 7
created on the registration of secondary plans are to become members of the 8
primary body corporate, a secondary body corporate is not established on 9
the registration of a secondary plan. 10
Law does not apply to body corporate 11
Corporations
44. The Corporations Law does not apply to a body corporate established 12
under this Act. 13
of body corporate 14
Name
45.(1) A body corporate's name is the name shown on the registered 15
plan. 16
(2) The body corporate may sue and be sued in its corporate name. 17
(3) The name is to be a composite name consisting of-- 18
(a) the word `Owners'; and 19
(b) the name of the building or the parcel as shown on the plan; and 20
(c) the designation and number of the plan. 21
22
Examples--
23
1. If the name of the building as shown on a registered building units plan is
24
`Faulty Towers' and the number of the building units plan is 1011, the name of the
25
body corporate would be the `Owners Faulty Towers Building Units Plan No. 1011'.
s 46 37 s 48
Building Units and Group Titles
1
2. If the name of the parcel as shown on a registered group titles plan is `22
2
Seaview Road' and the number of the plan is 1012, the name of the body corporate
3
would be the `Owners 22 Seaview Road Group Titles Plan No. 1012'.
of body corporate 4
Address
46.(1) A body corporate's address for service is the address recorded on 5
the registered plan. 6
(2) On the body corporate's application, the Registrar must change the 7
body corporate's address for service by recording the change. 8
corporate's seal 9
Body
47.(1) A body corporate has a seal. 10
(2) The body corporate's seal must be kept in the custody directed by the 11
body corporate by ordinary resolution. 12
(3) The body corporate's seal may be used only as directed or authorised 13
by ordinary resolution. 14
(4) However, if the body corporate has not resolved how the seal is to be 15
used, the seal may, if authorised by a committee resolution, be attached to a 16
document in the presence of at least 2 committee members, of whom 1 17
must be the chairperson or secretary. 18
(5) The committee members present must sign the document as 19
witnesses to the sealing of the document. 20
2--Membership of body corporate 21
Division
of body corporate 22
Membership
48.(1) The members of a body corporate consist of the owners (from 23
time to time) of the lots created by the plan. 24
s 49 38 s 49
Building Units and Group Titles
(2) If a development lot in a staged development scheme is subdivided 1
by a secondary plan, and no secondary body corporate is formed on 2
registration of the secondary plan, the owners of the lots created by 3
registration of the secondary plan are members of the primary body 4
corporate. 5
(3) If a development lot in a staged development scheme is subdivided 6
by a secondary plan and a secondary body corporate is formed on 7
registration of the secondary plan-- 8
(a) the owners of the lots created by registration of the secondary 9
plan are not members of the primary body corporate; but 10
(b) the secondary body corporate is a member of the primary body 11
corporate. 12
(4) The secondary body corporate's rights and obligations under this Act, 13
as a member of the primary body corporate, are to be the same as if it were 14
the owner of all of the development lot. 15
16
Example--
17
Suppose that a primary plan creates 4 development lots of which 1 is held by A
18
Pty Ltd, 1 is held by B Pty Ltd, 1 is held by C Pty Ltd and 1 is divided by a group
19
titles plan. In this case, the members of the primary body corporate will be A Pty
20
Ltd, B Pty Ltd, C Pty Ltd and the body corporate formed on registration of the
21
secondary plan.
3--Body corporate's general functions and powers 22
Division
corporate's general functions 23
Body
49. A body corporate must-- 24
(a) administer the common property reasonably and for the benefit of 25
the owners of the lots; and 26
(b) enforce the by-laws; and 27
(c) carry out the other functions given to the body corporate under 28
this Act and the by-laws. 29
s 50 39 s 52
Building Units and Group Titles
powers 1
General
50.(1) A body corporate has all the powers necessary for carrying out its 2
functions and may, for example-- 3
(a) enter into contracts; and 4
(b) acquire, hold, deal with, and dispose of property; and 5
(c) employ staff. 6
(2) Without limiting subsection (1), the body corporate has the powers 7
given to it under this or another Act. 8
corporate must not carry on business 9
Body
51.(1) The body corporate must not carry on a business. 10
11
Examples--
12
A body corporate must not carry on business as--
13
· a letting agent
14
· a tour operator
15
· a restaurant business.
(2) However, the body corporate may-- 16
(a) engage in business activities to the extent necessary for properly 17
carrying out its functions; and 18
(b) invest amounts not immediately required for its purposes in the 19
same way as a trustee may invest trust funds. 20
4--Committee of body corporate 21
Division
of body corporate 22
Committee
52.(1) The committee of a body corporate consists of-- 23
(a) the executive members of the committee, namely, the 24
chairperson, secretary and treasurer of the body corporate; and 25
(b) the ordinary members of the committee. 26
s 53 40 s 53
Building Units and Group Titles
(2) The same person may hold the positions of chairperson, secretary 1
and treasurer, or any 2 of the positions, in conjunction. 2
(3) The committee must consist of at least 3, but not more than 7, 3
persons.7 4
of committee 5
Election
53.(1) The members of a body corporate's committee are elected 6
annually by ballot of the body corporate. 7
(2) The election must be by secret ballot unless the body corporate by 8
ordinary resolution resolves that a secret ballot is unnecessary. 9
(3) A person is eligible to be a member of the committee if the person is 10
an individual and 1 of the following-- 11
(a) an owner of a lot; 12
(b) the lessee of a lot under a leaseback arrangement; 13
(c) the nominee of-- 14
(i) a corporate owner of a lot; or 15
(ii) a corporate lessee under a leaseback arrangement. 16
(4) However-- 17
(a) an individual may be the secretary or treasurer (or both) of a body 18
corporate even though not an owner, or the nominee of an owner, 19
of a lot; or 20
(b) if an individual who is an owner of a lot is a member of the 21
committee--a co-owner cannot simultaneously be a member of 22
the committee unless the co-owner is also the owner or a 23
co-owner of another lot. 24
(5) A secretary or treasurer of the body corporate who is not an owner, 25
or the nominee of a corporate owner, of a lot is a non-voting member. 26
(6) An election of members of the committee must be held at each 27
annual general meeting of the body corporate unless-- 28
7 However, if there are less than 3 owners of the lots, the committee may consist
of 1 or 2 individuals (see section 53(7) (Election of committee)).
s 54 41 s 55
Building Units and Group Titles
(a) when the annual general meeting is held, there are less than 3 1
owners of lots; or 2
(b) a leaseback arrangement is in force. 3
(7) If there are less than 3 owners of lots-- 4
(a) the committee consists of the individuals who are owners, or 5
nominees of corporate owners, of lots and they must decide 6
among themselves who is to hold the positions of chairperson, 7
secretary and treasurer (the "executive positions") (and, if they 8
cannot agree, the executive positions are jointly held by all of 9
them); and 10
(b) if 1 person owns all the lots--the committee is a committee of 1 11
consisting of an individual who is the owner or the owner's 12
nominee and the individual holds all the executive positions on 13
the committee. 14
(8) If a leaseback arrangement is in force, the committee is a committee 15
of 1 consisting of an individual who is the lessee or the lessee's nominee 16
and the individual holds all the executive positions on the committee. 17
members' proxies 18
Committee
54.(1) A committee member of a body corporate may, by written notice 19
of appointment given to the secretary, appoint another committee member, 20
or a person who is eligible to be a committee member, to act as the 21
member's proxy in the absence of the member from a meeting of the 22
committee. 23
(2) However, the secretary or the treasurer may only appoint a proxy 24
with the committee's approval. 25
(3) A committee member who is the proxy for another member may, in 26
the absence of the other member, vote both in his or her own right and also 27
by proxy for the absent member. 28
and casual vacancies 29
Term
55.(1) The term of a member of a body corporate's committee continues 30
until another person is elected to the position. 31
s 56 42 s 56
Building Units and Group Titles
(2) However, a committee member's position on the committee 1
becomes vacant if the member-- 2
(a) dies; or 3
(b) becomes ineligible to hold the position; or 4
(c) resigns by written notice given to the chairperson or secretary of 5
the body corporate; or 6
(d) is absent from 2 consecutive meetings of the committee without 7
the committee's leave; or 8
(e) is convicted of an indictable offence; or 9
(f) is removed from office by ordinary resolution. 10
(3) The committee must (even though the number of its members may 11
have fallen below a quorum) appoint an eligible individual to fill a casual 12
vacancy in the position of an executive or ordinary committee member, or 13
call a general meeting of the body corporate for the purpose of filling the 14
vacancy. 15
(4) If a body corporate ceases to have a properly constituted committee, a 16
referee may, on application by a member of the body corporate, make an 17
order-- 18
(a) authorising a person named in the order to call a general meeting 19
of the body corporate to elect members to the committee; and 20
(b) prescribing the notice to be given of the general meeting; and 21
(c) giving other directions that may be necessary for, or incidental to, 22
holding the general meeting or reconstituting the committee. 23
from liability 24
Immunity
56.(1) A committee member of a body corporate is not civilly liable for 25
an act done, or omission made, honestly and without negligence while 26
acting, or purportedly acting, as a committee member. 27
(2) If subsection (1) prevents a civil liability attaching to a committee 28
member, the liability attaches instead to the body corporate. 29
s 57 43 s 60
Building Units and Group Titles
Division 5--Procedures and powers of the committee 1
of meetings 2
Calling
57.(1) A meeting of a body corporate's committee may be called by-- 3
(a) the secretary or, in the secretary's absence, the chairperson; or 4
(b) in the absence of both the secretary and the chairperson, another 5
member of the committee acting with the agreement of enough 6
members to form a quorum at a meeting of the committee. 7
(2) The secretary or, in the secretary's absence, the chairperson must call 8
a meeting within 7 days if asked, in writing, to call a meeting by a number 9
of members of the committee that is enough to form a quorum at a meeting 10
of the committee. 11
(3) The secretary or chairperson may be presumed to be absent if a notice 12
is given at the address shown in the roll, and no reply is received within 13
7 days. 14
of meetings 15
Time
58. A meeting is called by giving written notice of at least 7 days to all 16
other committee members of the time and place of the meeting. 17
of meetings 18
Place
59. A committee meeting must not be held outside a radius of 15 km 19
from the parcel if a committee member objects by giving written notice of 20
objection to the secretary. 21
22
Agenda
60.(1) The notice calling a committee meeting must include an agenda 23
setting out the substance of issues to be considered at the meeting. 24
(2) However, the committee may also consider any other issues raised at 25
the meeting. 26
s 61 44 s 63
Building Units and Group Titles
at meetings 1
Presiding
61.(1) The chairperson must preside at all meetings of the committee at 2
which the chairperson is present. 3
(2) If the chairperson is absent, the member chosen by the members 4
present (with the member's agreement) must preside. 5
and voting 6
Quorum
62.(1) At a meeting of a body corporate's committee-- 7
(a) a quorum is at least half the number of voting members 8
(including proxy voting members); and 9
(b) a question is decided by a majority of the votes of the voting 10
members present and voting; and 11
(c) each voting member has a vote on each question to be decided. 12
13
Examples of paragraph (a)--
14
1. If there are 6 voting members of the committee, a quorum is 3.
15
2. If there are 7 voting members of the committee, a quorum is 4.
(2) Without limiting subsection (1), if a quorum is present, a decision 16
supported by a majority of the votes of the voting members present is a 17
decision of the committee. 18
outside meetings 19
Voting
63.(1) A resolution is a valid resolution of a body corporate's committee, 20
even though it is not passed at a meeting of the committee, if-- 21
(a) notice of the resolution is given to all committee members or, in 22
an emergency, as many members as it is practicable to contact; 23
and 24
(b) at least half of the voting members agree to the resolution. 25
(2) Unless the resolution is urgently required to deal with an emergency, 26
the notice must be given in writing, and the members' agreement to the 27
proposed resolution must be given in writing but, in an emergency, the 28
notice may be given, and the member's agreement expressed, orally or by 29
another appropriate form of communication. 30
s 64 45 s 65
Building Units and Group Titles
inutes 1
M
64.(1) The committee must ensure full and accurate minutes of its 2
meetings are taken. 3
(2) However, the committee may exclude material from the minutes if it 4
is-- 5
(a) protected by professional legal privilege; or 6
(b) defamatory or possibly defamatory. 7
of committee to act for body corporate 8
Power
65.(1) A decision of a body corporate's committee, other than a decision 9
on a restricted issue, is a decision of the body corporate. 10
(2) The body corporate may, by ordinary resolution, decide what issues 11
may only be decided by ordinary resolution. 12
(3) A decision is a decision on a "restricted issue" for the body 13
corporate if it is-- 14
(a) a decision fixing, or changing, a contribution to be levied under 15
this Act (other than a contribution to be levied by a secondary 16
body corporate in a staged development scheme that is necessary 17
to meet a contribution levied by the primary body corporate); or 18
(b) a decision to change rights, privileges or obligations of the 19
owners of lots; or 20
(c) a decision on an issue reserved for decision by ordinary 21
resolution; or 22
(d) a decision on an issue that, under this Act, may only be made by 23
unanimous resolution, resolution without dissent, special 24
resolution or ordinary resolution; or 25
(e) a decision to bring a proceeding in a court other than-- 26
(i) a proceeding to recover a liquidated debt against the owner 27
of a lot; or 28
(ii) a proceeding under this Act; or 29
s 66 46 s 66
Building Units and Group Titles
(iii) a counterclaim, third-party proceeding or other proceeding in 1
a proceeding to which the body corporate is already a party; 2
or 3
(f) a decision to pay remuneration, allowances or expenses to a 4
member of the committee unless the decision is to reimburse 5
expenses to an extent authorised under the regulations. 6
(4) If a group of persons, honestly and reasonably believing that they are 7
the committee of a body corporate, makes a decision while purportedly 8
acting as the committee, the decision is taken to be a decision of the 9
committee despite a defect in the election or appointment of 1 or more 10
members of the group. 11
out resolutions 12
Carrying
66.(1) A resolution of a body corporate's committee must be exhibited 13
on the body corporate's notice board for at least 7 days (the "required 14
period of exhibition") before being carried out. 15
(2) Within the required period of exhibition, a notice signed as required 16
by subsection (3) ("notice of opposition") may be given to the secretary 17
opposing carrying out of the resolution. 18
(3) The notice of opposition must be signed by or for owners of lots with 19
a total lot entitlement of at least 50% of all the lots. 20
(4) The committee may carry out the resolution only if-- 21
(a) the notice is exhibited for the required period of exhibition and no 22
notice of opposition is received by the secretary within the period; 23
or 24
(b) the resolution is necessary to deal with an emergency and-- 25
(i) the amount required to implement the resolution is within 26
the relevant limit within the meaning of section 109;8 or 27
(ii) a referee authorises the committee to carry out the resolution; 28
or 29
(c) the resolution is ratified by ordinary resolution. 30
8 Section 109 (Spending by committee).
s 67 47 s 69
Building Units and Group Titles
(5) If powers of the committee have been delegated to a body corporate 1
manager, the references in this section to a resolution of the committee 2
extend to a decision of the body corporate manager made under the 3
delegated powers. 4
(6) In a proceeding involving a challenge to the right of the committee to 5
carry out a resolution, or a body corporate manager to carry out a decision 6
made in the exercise of delegated powers, the burden of proving that the 7
resolution or decision was exhibited as required by this section lies on the 8
person asserting the right of the committee or body corporate manager to 9
carry out the resolution or the decision. 10
Division 6--General meetings 11
of general meetings 12
Types
67. A general meeting of a body corporate is either an annual general 13
meeting or an extraordinary general meeting. 14
of general meetings 15
Calling
68. A general meeting of a body corporate may be called by-- 16
(a) the secretary; or 17
(b) another member of the committee authorised by the committee to 18
call the meeting; or 19
(c) a person authorised or required to call a general meeting by a 20
referee. 21
of general meetings 22
Time
69.(1) A general meeting of a body corporate must be called and held at 23
least 21 days after notice of the meeting is given to the owners of the lots. 24
(2) If it is a requested general meeting9 , the meeting must be called for 25
and held within 6 weeks after the notice asking for the meeting is given. 26
9 See section 72(1) (Requirement for extraordinary general meetings).
s 70 48 s 72
Building Units and Group Titles
of general meetings 1
Place
70.(1) The place of the proposed general meeting must be within 15 km 2
of the parcel. 3
(2) However, if the committee notifies the owners of its intention to hold 4
the meeting at a stated place more than 15 km from the parcel, and allows 5
them a reasonable opportunity to object in writing to the proposed place, the 6
meeting may be held at the place unless written objections to the proposed 7
place of meeting are given by or for owners of lots with a total lot 8
entitlement of at least 25% of all the lots. 9
for annual general meetings 10
Requirement
71. An annual general meeting of a body corporate must be called and 11
held after, but not more than 3 months after-- 12
(a) the registration of its plan; and 13
(b) the end of each of its financial years. 14
for extraordinary general meetings 15
Requirement
72.(1) A general meeting ("requested general meeting") of the body 16
corporate must be called if a notice asking for a general meeting to consider 17
and decide motions proposed in the notice is-- 18
(a) signed by or for owners of lots with a total lot entitlement of at 19
least 25% of all the lots; and 20
(b) given to the secretary or, in the secretary's absence, the 21
chairperson, of the body corporate or, if the committee has not yet 22
been elected, the original owner. 23
(2) The secretary may be presumed to be absent if a notice is given to the 24
secretary at the address shown in the roll, and no reply is received within 7 25
days. 26
(3) An extraordinary general meeting of a body corporate may be called 27
even though the body corporate's first annual general meeting has not yet 28
been held. 29
s 73 49 s 73
Building Units and Group Titles
for general meeting 1
Agenda
73.(1) A body corporate's committee must prepare an agenda for each 2
general meeting. 3
(2) The agenda must include-- 4
(a) motions the committee proposes for consideration at the meeting; 5
and 6
(b) if the general meeting is a requested general meeting--the agenda 7
must include the motions proposed in the notice asking for the 8
meeting; and 9
(c) if an owner of a lot has, by written notice to the secretary, asked 10
that a particular motion be included on the agenda for the general 11
meeting-- 12
(i) the motion; and 13
(ii) if the owner provides an explanatory note (no longer than 14
100 words) with the notice--the note must accompany the 15
agenda; and 16
(d) if a referee authorises or requires the calling of the general 17
meeting--the agenda must include motions specified by the 18
referee; and 19
(e) if the general meeting is the first annual general meeting--the 20
agenda must include the business mentioned in section 75;10 and 21
(f) if there has been a previous general meeting--a motion to 22
confirm the minutes of the last meeting. 23
(3) If the general meeting is an annual general meeting (other than the 24
first annual general meeting), the agenda must also-- 25
(a) provide for the presentation of the accounts for the financial year; 26
and 27
(b) provide for the appointment of an auditor of the body corporate's 28
accounts for the next financial year or for a special resolution that 29
the accounts are not to be audited; and 30
(c) provide for the approval of a budget for the financial year; and 31
10 Section 75 (First annual general meeting).
s 74 50 s 74
Building Units and Group Titles
(d) provide for fixing the contributions to be paid by the owners of 1
lots for the financial year; and 2
(e) include other issues that are, under this Act, required to be 3
included on the agenda for the annual general meeting. 4
(4) A motion under subsection (2)(c) may be included on the agenda for 5
an annual general meeting only if the notice is given to the secretary before 6
the end of the body corporate's last completed financial year before the date 7
of the meeting. 8
(5) If the notice is not received before the end of the financial year, it 9
must be deferred until the body corporate's next general meeting. 10
of general meeting 11
Notice
74.(1) Written notice of a general meeting of a body corporate must be 12
given to the owner of each lot. 13
(2) The notice must state the time and place of the proposed general 14
meeting. 15
(3) The notice of a general meeting must-- 16
(a) contain an agenda for the meeting setting out the substance of the 17
motions to be considered; and 18
(b) be accompanied by-- 19
(i) a proxy form; and 20
(ii) if the notice is given to the corporate owner of a lot--a form 21
for nomination of an individual to vote for the corporate 22
owner at general meetings of the body corporate; and 23
(c) be accompanied by voting papers-- 24
(i) setting out each motion to be considered at the meeting and 25
the name and lot number of the person proposing each 26
motion; and 27
(ii) stating for each motion whether a unanimous resolution, a 28
resolution without dissent, a special resolution or an ordinary 29
resolution is required; and 30
s 75 51 s 75
Building Units and Group Titles
(iii) enabling a person entitled to vote at the general meeting to 1
record a written vote on each motion to be considered at the 2
meeting; 3
(d) contain or be accompanied by explanatory or other materials 4
required under this Act to be contained in or accompany the 5
notice.11 6
(4) If the same person is the owner of all the lots, no notice of a general 7
meeting need be given. 8
Division 7--Annual general meetings 9
annual general meeting 10
First
75.(1) The original owner of a body corporate must call and hold the first 11
annual general meeting of the body corporate as required by this section. 12
Maximum penalty--150 penalty units. 13
(2) The meeting must be called for and held within 3 months after the 14
registration of the plan. 15
11 The following materials may be required to be contained in or accompany the
notice of a general meeting--
· committee election ballot papers (section 53 (Election of committee))
· explanatory notes to a motion (section 73(2) (Agenda for general
meeting))
· minutes of previous general meetings (section 89 (Minutes))
· budget (section 99(4) (Budget))
· tender documents (section 110 (Limitation on major spending))
· statement of accounts (section 111 (Accounts))
· auditors certificate, if necessary (section 112 (Audit)).
Additional materials may be required under the regulations.
s 75 52 s 75
Building Units and Group Titles
(3) The agenda for the meeting must include the following items-- 1
(a) adopting a budget, and fixing of the contributions to be levied 2
against the owners of lots, for the body corporate's first financial 3
year; 4
(b) reviewing the policies of insurance taken out for the body 5
corporate and, if appropriate, changing the insurance; 6
(c) deciding whether the election of members of the committee 7
should be by open or secret ballot, and electing the chairperson, 8
secretary, and treasurer of the body corporate and the other 9
members of the committee; 10
(d) providing for the custody and use of the body corporate's seal; 11
(e) deciding what issues are reserved for decision by ordinary 12
resolution;12 13
(f) deciding whether the body corporate's by-laws should be 14
amended or repealed; 15
(g) appointing an auditor to audit the accounts of the body corporate 16
or resolving by special resolution not to appoint an auditor;13 17
(h) if the meeting is called by order of a referee--to decide issues the 18
referee orders to be placed on the agenda for the meeting. 19
(4) If the original owner fails to call and hold the first annual general 20
meeting as required by this section, a referee may, on application by the 21
owner of a lot, make an order appointing a person to call the first annual 22
general meeting within a specified time. 23
(5) The original owner is not relieved of liability for failing to call and 24
hold an annual general meeting because a meeting has been called and held 25
by order of the referee. 26
12 See section 65(2) (Power of committee to act for body corporate).
13 The body corporate cannot resolve not to appoint an auditor if it is the primary
body corporate in a staged development scheme (see section 112(2)(a) (Audit)).
s 76 53 s 76
Building Units and Group Titles
and materials to be handed over to body corporate at first 1
Documents
annual general meeting 2
76.(1) At a body corporate's first annual general meeting, the original 3
owner must give the following to the body corporate-- 4
(a) a register of assets containing an inventory of the body 5
corporate's assets; 6
(b) all plans, specifications, diagrams and drawings of the buildings 7
and improvements (as built) showing water pipes, electric wiring, 8
drainage, ventilation ducts, air conditions systems and other 9
service infrastructure; 10
(c) all policies of insurance taken out by the original owner for the 11
body corporate; 12
(d) the body corporate's roll and books of account; 13
(e) the body corporate's common seal; 14
(f) documents in the original owner's possession relevant to the plan, 15
the parcel or the buildings or improvements on it, including-- 16
(i) contracts to have building work carried out on the parcel; and 17
(ii) certificates of classification for buildings and fire safety 18
certificates; 19
(but not including certificates of title for individual lots, or 20
documents evidencing rights or obligations of the original owner 21
and not capable of being used for the benefit of the body 22
corporate or another owner of a lot); 23
(g) a budget showing the body corporate's estimated spending for the 24
first financial year. 25
Maximum penalty--150 penalty units. 26
(2) If documents of the types mentioned in subsection (1) come into the 27
original owner's possession after the body corporate's first annual general 28
meeting, the original owner must hand them over to the body corporate's 29
secretary at the earliest practicable opportunity. 30
Maximum penalty--150 penalty units. 31
s 77 54 s 79
Building Units and Group Titles
Division 8--Procedure at general meetings 1
at general meetings 2
Presiding
77.(1) The chairperson of a body corporate must preside at all general 3
meetings at which the chairperson is present. 4
(2) If the chairperson is absent, a person elected (with the person's 5
consent) to preside by the persons present and entitled to vote at the meeting 6
must preside. 7
of presiding person to rule motion out of order 8
Power
78.(1) The person presiding at a general meeting of a body corporate 9
may rule a motion out of order if-- 10
(a) the motion, if carried, would conflict with this Act or the by-laws 11
or would be unlawful or unenforceable for another reason; or 12
(b) notice of the motion was not given as required under this Act. 13
(2) The person presiding must give reasons for ruling a motion out of 14
order and the reasons must be recorded in the minutes of the meeting. 15
(3) The persons present and entitled to vote may reverse the ruling by 16
passing an ordinary resolution disagreeing with the ruling. 17
uorum 18
Q
79.(1) At a body corporate's general meeting, a person is taken to be 19
present at the meeting if the person is voting at the meeting personally or by 20
proxy, representative or written voting paper. 21
(2) A quorum at a general meeting is at least 25% of the number of 22
voters. 23
24
Examples--
25
1. If there are 8 voters, a quorum is 2.
26
2. If there are 9 voters, a quorum is 3.
s 80 55 s 80
Building Units and Group Titles
(3) However-- 1
(a) if the number of voters is at least 3--2 persons must be present 2
personally; or 3
(b) if the number of voters is less than 3--only 1 person must be 4
present personally. 5
(4) If there is not a quorum within 30 minutes of the time set for the start 6
of the meeting, the meeting must be adjourned to the same day and time in 7
the next week. 8
(5) If at the adjourned meeting a quorum is again not present within 30 9
minutes of the time set for the start of the adjourned meeting, the persons 10
present form a quorum. 11
(6) However-- 12
(a) if the number of voters is at least 3--2 persons must be present 13
personally; or 14
(b) if the number of voters is less than 3--only 1 person must be 15
present personally. 16
to vote 17
Entitlement
80.(1) A person is a "voter" for a body corporate's general meeting if 18
the person is an individual-- 19
(a) whose name is entered on the body corporate's roll as-- 20
(i) the owner of a lot;14 or 21
(ii) the representative of the owner of a lot; or 22
(b) who is the nominee of the company whose name is entered on 23
the body corporate's roll as the owner, or the representative of the 24
owner, of a lot. 25
(2) A person is the "representative" of the owner of a lot if the person 26
is-- 27
14 It should be noted that "owner" includes by definition a mortgagee in possession
of a lot (see Schedule 3, Dictionary). A mortgagee in possession may displace
the right of the owner of the fee simple to vote (see subsection (6)).
s 81 56 s 81
Building Units and Group Titles
(a) a guardian, trustee, agent or other representative of the owner of 1
the lot who is authorised to act on the owner's behalf; or 2
(b) a lessee to whom the owner has transferred the right to vote under 3
a leaseback arrangement; 4
(3) However, a person may be treated as the owner's representative only 5
if-- 6
(a) a copy of the instrument under which the person derives the 7
representative capacity is given to the body corporate's secretary; 8
or 9
(b) the person otherwise satisfies the secretary of the person's 10
representative capacity. 11
(4) A company may make a nomination under subsection (1)(b) by 12
giving the secretary written notice of nomination, under the common seal of 13
the company, stating the name and address of the nominee or the names 14
and addresses of 2 alternative nominees, 1 of whom is to act in the absence 15
of the other. 16
(5) The company may change the nomination by giving the secretary 17
written notice of a fresh nomination, under the common seal of the 18
company, stating the name and address of the new nominee or the new 19
alternative nominees. 20
(6) If a mortgagee in possession claims, by written notice to the 21
secretary, the right to vote for the lot, the mortgagee's right to vote displaces 22
the right of the person entitled to the fee simple interest in the lot or a person 23
who derives a right to vote from the person entitled to the fee simple interest 24
in the lot. 25
(7) A person is not entitled to vote for a particular lot on a motion (other 26
than a motion for which a unanimous resolution or resolution without 27
dissent is required) if the owner of the lot has not paid a contribution, or an 28
instalment of a contribution, owing, at the time of the meeting, by the owner 29
to the body corporate. 30
of vote 31
Exercise
81.(1) A voter for a body corporate's general meeting may vote 32
personally, by proxy or by casting a written vote. 33
s 82 57 s 82
Building Units and Group Titles
(2) A written vote is cast by completing the voting papers as required by 1
the accompanying instructions and giving them to the secretary (personally, 2
by post or by facsimile) before the start of the meeting. 3
4
Proxies
82.(1) A proxy is given by giving a properly completed proxy form 5
(personally, by post or by facsimile) to the secretary of the body corporate 6
before-- 7
(a) the start of the general meeting at which the proxy is to be 8
exercised; or 9
(b) if the body corporate has fixed an earlier time by which proxies 10
must be given (which cannot, however, be earlier than 24 hours 11
before the time fixed for the meeting)--the earlier time. 12
(2) A proxy-- 13
(a) must be in the form approved by the chief executive and in the 14
English language; and 15
(b) must be in a document separate from a contract; and 16
(c) cannot be made on terms under which the proxy is irrevocable; 17
and 18
(d) cannot be transferred by the holder of the proxy to a third person; 19
and 20
(e) lapses at the end of the body corporate's financial year or at the 21
end of the shorter period stated in the proxy. 22
(3) A proxy vote-- 23
(a) cannot be exercised when the person who gave the proxy is 24
personally present at a general meeting of the body corporate; and 25
(b) cannot be exercised on a motion if the person who gave the proxy 26
has exercised a written vote on the motion. 27
(4) The owner of a lot cannot be prevented by contract from exercising a 28
vote at a general meeting of a body corporate and cannot be required by 29
contract to make someone else the owner's representative or proxy for 30
voting at general meetings of the body corporate. 31
s 83 58 s 83
Building Units and Group Titles
(5) A vote cannot be exercised for someone else by-- 1
(a) the original owner, a body corporate manager or a service 2
contractor; or 3
(b) an associate of the original owner, a body corporate manager or a 4
service contractor; or 5
(c) a person or an associate of a person who has an interest in a 6
contract or proposed contract under which a body corporate 7
manager or service contractor is remunerated. 8
(6) However-- 9
(a) a leaseback arrangement may provide for the transfer of the 10
owner's right to vote to the lessee (who may be the original 11
owner); and 12
(b) a contract under which the original owner sells a lot may make 13
the original owner the purchaser's representative for voting on 14
issues prescribed under the regulations for a period stated in the 15
contract (which must end no later than 2 years from the date of 16
registration of the plan). 17
(7) A person must not exercise a proxy knowing that he or she is not 18
entitled to exercise it. 19
Maximum penalty for subsection (7)--100 penalty units. 20
at general meeting 21
Voting
83.(1) Voting by persons present at a general meeting must be by show 22
of hands, or by giving completed voting papers to the person presiding, 23
unless-- 24
(a) a ballot is required by this Act or the by-laws; or 25
(b) the person presiding decides a ballot is necessary to ensure an 26
accurate count of votes; or 27
(c) a poll is demanded by a person entitled to vote at the meeting. 28
(2) At a general meeting of the body corporate-- 29
s 84 59 s 84
Building Units and Group Titles
(a) each person entitled to vote is entitled to 1 vote for each lot of 1
which the person, or the owner represented by the person, is the 2
owner; or 3
(b) if a person entitled to vote at the meeting demands a poll-- each 4
person entitled to vote at the meeting is entitled, on the poll, to a 5
number of votes equivalent to the lot entitlement of the lot, or the 6
total lot entitlement of all the lots, of which the person, or the 7
owner represented by the person, is the owner. 8
(3) If 2 or more co-owners of a lot are present at a general meeting of the 9
body corporate, the chairperson may require them to elect 1 to vote for all 10
but, in the absence of an election-- 11
(a) if more than 1 vote on a motion, and they vote in the same 12
way--the votes have the same value as if the lot were owned by a 13
single owner and the owner had voted the same way as the 14
co-owners; and 15
(b) if more than 1 vote on a motion, and they vote in different 16
ways--no vote is counted either for or against the motion. 17
(4) However, on a poll, co-owners may vote separately and the value of a 18
co-owner's vote is a proportion of the lot entitlement of the lot equivalent to 19
the co-owner's proportionate interest in the lot. 20
(5) If the votes cast for and against a motion are equal, the motion does 21
not pass. 22
(6) A general meeting of the body corporate may pass a resolution on a 23
motion only if the motion is-- 24
(a) included as an item of business on the general meeting's agenda; 25
and 26
(b) set out in the voting papers accompanying the notice of the 27
meeting. 28
of returning officer 29
Appointment
84. A body corporate may appoint a returning officer to decide questions 30
about eligibility to vote and voting entitlements, and to count the votes. 31
s 85 60 s 88
Building Units and Group Titles
to have available for inspection body corporate roll etc. 1
Secretary
85. The secretary of a body corporate must have available for inspection 2
at a general meeting of the body corporate-- 3
(a) the body corporate's roll; and 4
(b) a list of the persons entitled to vote at the meeting. 5
of motions at general meetings 6
Amendment
86.(1) A motion may be amended at a general meeting of a body 7
corporate by the persons present, and entitled to vote, at the meeting. 8
(2) However, an amendment cannot be made that changes the subject 9
matter of the motion. 10
(3) In counting the votes cast for and against a motion to amend a 11
motion, or an amended motion, all persons who are not present personally 12
or by representative or proxy at the meeting, but would, if present, be 13
entitled to vote, must be taken to have voted against the motion. 14
person's declaration of voting results 15
Presiding
87.(1) The person presiding at a general meeting of a body corporate 16
must declare the result of voting on motions and elections at the meeting. 17
(2) When declaring the result of voting, the person presiding must state 18
the number of votes cast for and against the motion. 19
(3) The number of votes cast for and against each motion must be 20
recorded in the minutes of the general meeting or in a voting tally sheet kept 21
with the minutes. 22
or revocation of resolution of general meeting 23
Amendment
88. If a unanimous resolution, resolution without dissent, special 24
resolution or ordinary resolution is required under this Act for a particular 25
purpose, a resolution passed for the purpose may only be amended or 26
revoked by a resolution of the required type. 27
s 89 61 s 91
Building Units and Group Titles
inutes 1
M
89.(1) The body corporate must ensure that full and accurate minutes are 2
taken of its general meetings. 3
(2) A copy of the minutes of the last general meeting must accompany 4
the notice of a general meeting. 5
PART 4--MANAGEMENT AND SERVICE 6
CONTRACTS 7
1--Appointment of body corporate managers and service 8
Division
contractors 9
of body corporate manager or service contractor 10
Appointment
90.(1) A body corporate may, by contract (a "body corporate 11
management contract"), appoint a body corporate manager. 12
(2) The body corporate may, by contract (a "service contract"), appoint 13
a service contractor. 14
(3) A contract for the appointment of a letting agent must be separate 15
from, and cannot be combined with or affected by, another type of contract. 16
(4) A body corporate management contract-- 17
(a) may delegate to the body corporate manager some or all the 18
powers of the committee, chairperson, secretary and treasurer; but 19
(b) does not prevent the committee or the relevant officer of the body 20
corporate from exercising a delegated power. 21
to enter into or amend contract 22
Authority
91.(1) A body corporate may enter into a body corporate management 23
contract or a service contract only if the terms of the contract are approved 24
by ordinary resolution. 25
s 92 62 s 92
Building Units and Group Titles
(2) A body corporate management contract or a service contract may be 1
amended only if the amendment is approved by ordinary resolution. 2
(3) A person, or an associate of a person, who stands to gain a financial 3
benefit from making or amending a body corporate management contract or 4
a service contract is not entitled to exercise a proxy vote on a proposed 5
resolution approving the terms of, or the amendment, of the contract. 6
(4) If a person is solicited to appoint someone else as the person's proxy 7
to allow the proxy to exercise a vote in the interests of a person (the "other 8
person") who stands to gain a financial benefit from making or amending a 9
body corporate management contract or service contract, the person 10
appointed as proxy is taken to be an associate of the other person. 11
of contract 12
Form
92. A body corporate management contract or service contract must be in 13
writing and must-- 14
(a) state the term of the appointment (including when the term begins 15
and when it ends); and 16
(b) state the functions the body corporate manager or service 17
contractor is required or authorised to carry out; and 18
(c) state the basis on which remuneration or charges for the body 19
corporate manager or service contractor is to be worked out; and 20
(d) if the contract is entered into before the body corporate has held 21
its first annual general meeting after the end of its third financial 22
year--set out the terms of section 95.15 23
24
Examples of paragraph (c)--
25
1. A body corporate manager's remuneration could be worked out on the basis of
26
an amount per lot.
27
2. A body corporate manager's charges could be worked out on the basis of a
28
stated amount per photocopied page, a stated amount per telephone enquiry and a
29
stated amount for wages costs for additional committee or general meetings.
15 Section 95 (Discretionary termination of early appointments of body corporate
manager or service contractor).
s 93 63 s 94
Building Units and Group Titles
of appointment 1
Term
93.(1) The term of appointment of a body corporate manager or service 2
contractor under a body corporate management or service contract must not 3
be longer than 10 years (after allowing for any rights or options of 4
renewal).16 5
(2) A term must run from a date within 6 months after the making of the 6
resolution approving the terms of the contract. 7
Division 2--Transfer 8
9
Transfer
94.(1) The interest of a body corporate manager in a body corporate 10
management contract, or a service contractor in a service contract, with a 11
body corporate may be transferred if the body corporate approves the 12
transfer.17 13
(2) If the transfer is to take effect before the appointment of the body 14
corporate manager or service contractor has been reviewed under 15
section 9518, the agreement or arrangement for the transfer must set out the 16
terms of that section. 17
(3) In deciding whether to approve a proposed transfer, the body 18
corporate may have regard to-- 19
(a) the character of the proposed transferee and any associates; and 20
(b) the financial standing of the proposed transferee; and 21
(c) the proposed terms of the transfer; and 22
16 `Renewal' of a contract that would make the term longer than 10 years must be
by way of a fresh contract.
17 The approval may be given by resolution in committee or in general meeting.
18 Section 95 (Discretionary termination of early appointments of body corporate
manager or service contractor)
s 94 64 s 94
Building Units and Group Titles
(d) the competence, qualifications and experience of the proposed 1
transferee and any associates, and the extent to which the 2
transferee and any associates has received or will receive training. 3
(4) The body corporate must decide whether to approve the proposed 4
transfer within 30 days after the applicant for approval gives it the 5
information reasonably necessary to decide the application for approval. 6
(5) The approval may be given on condition that the transferee enters into 7
a deed of covenant to comply with the terms of the body corporate 8
management contract or service contract. 9
(6) The body corporate must not-- 10
(a) unreasonably withhold approval to the transfer of the interest in 11
the body corporate management contract or service contract; or 12
(b) require or receive a fee or other consideration for approving the 13
transfer (other than reimbursement for legal expenses reasonably 14
incurred by the body corporate in relation to the application for its 15
approval). 16
(7) In this section-- 17
"associates" means-- 18
(a) if a body corporate manager or service contractor or proposed 19
body corporate manager or service contractor is a company--its 20
directors, substantial shareholders and principal staff; or 21
(b) if a body corporate manager or service contractor or proposed 22
body corporate manager or service contractor is in 23
partnership--the partners and principal staff of the partnership. 24
"transfer" includes a transaction under which a controlling interest in a 25
company or partnership is transferred from a particular person or 26
group of persons to someone else. 27
s 95 65 s 96
Building Units and Group Titles
Division 3--Terminating body corporate management contracts and 1
service contracts 2
termination of early appointments of body corporate 3
Discretionary
manager or service contractor 4
95.(1) If a body corporate manager or service contractor (other than a 5
letting agent) of a body corporate is appointed within 3 years after 6
registration of the plan, the body corporate-- 7
(a) must review the appointment at its first annual general meeting 8
held after the end of its third financial year; and 9
(b) despite the term of appointment, may terminate the appointment 10
by ordinary resolution. 11
(2) If the review of the appointment is not included on the agenda of the 12
relevant annual general meeting, a referee may, on the application of an 13
interested person, order that a general meeting be called to review the 14
appointment and the general meeting called on the referee's order may, 15
despite the term of appointment, terminate the appointment by ordinary 16
resolution. 17
(3) The original owner may vote on a resolution under this section for 18
termination of an appointment only in the original owner's right as the 19
owner of lots in the scheme and not for other owners. 20
(4) No action lies against the body corporate for exercising the statutory 21
right of termination under this section. 22
of body corporate management contract or service 23
Termination
contract 24
96.(1) A body corporate may terminate a body corporate management 25
contract or service contract if the body corporate manager or service 26
contractor-- 27
(a) is convicted of an indictable offence involving fraud or 28
dishonesty; or 29
(b) is convicted on indictment of an assault or an offence involving 30
an assault; or 31
s 97 66 s 97
Building Units and Group Titles
(c) engages in misconduct, or is grossly negligent, in carrying out, or 1
failing to carry out, the functions required under the contract; or 2
(d) fails to carry out contractual duties, and persists in the failure for 3
14 days or more after the body corporate, by written notice, 4
requires the body corporate manager or service contractor to carry 5
out the duties; or 6
(e) carries on a business involving the supply of services to the body 7
corporate, or to owners or occupiers of lots, without holding a 8
licence or other authority required by law; or 9
(f) transfers, or accepts the transfer of, an interest in the contract 10
without the body corporate's approval. 11
(2) Subsection (1) does not prevent the termination of a body corporate 12
management contract or service contract by agreement. 13
Division 5--Use of common property 14
of common property by service contractor 15
Use
97.(1) A body corporate may, by ordinary resolution, authorise a service 16
contractor to use a particular part of the common property for particular 17
purposes necessary to enable the contractor to perform contractual 18
obligations under the contract. 19
20
Example--
21
A body corporate might authorise a letting agent to use a particular part of the
22
common property as a reception area or a caretaker to use a shed on the common
23
property for storage of tools and garden implements.
(2) The body corporate may give the authority only if the use of the part 24
of the common property for the purpose would not interfere to an 25
unreasonable extent with the use and enjoyment of a lot or the common 26
property by an occupier. 27
(3) The authority-- 28
(a) is taken to be a term of the service contract; and 29
(b) gives the service contractor a right to exclusive occupation of the 30
part of the common property; and 31
s 98 67 s 99
Building Units and Group Titles
(c) must not be amended or terminated without the service 1
contractor's agreement during the term of the service contract but 2
terminates if the contract comes to an end or is terminated. 3
(4) However, the service contractor's right to exclusive occupation is 4
subject to the body corporate's right to authorise access to, or use of, the 5
part of the common property by others if the extent of the access or use 6
does not unreasonably interfere with the performing of the contractual 7
duties by the service contractor. 8
(5) A service contractor may acquire rights to occupy part of the 9
common property for the contractor's contractual duties only by 10
authorisation under this section. 11
to be given to the Registrar 12
Notices
98.(1) If a body corporate gives an authority under this Division or 13
changes the area to which an authority under this Division applies, the body 14
corporate must give the Registrar written notice containing the particulars 15
required under the regulations and, if required under the regulations, a plan 16
of the area. 17
(2) If an authorisation under this Division terminates or is terminated, the 18
body corporate must give to the Registrar written notice containing the 19
particulars required under the regulations. 20
ART 5--FINANCIAL MANAGEMENT 21
P
Division 1--Budget 22
23
Budget
99.(1) A body corporate must, by ordinary resolution, adopt a budget for 24
each financial year. 25
(2) The budget must-- 26
s 100 68 s 100
Building Units and Group Titles
(a) contain estimates for the financial year of necessary and 1
reasonable spending from the administrative fund19 to cover-- 2
(i) the cost of maintaining the common property and other 3
property held by or for the body corporate; and 4
(ii) the cost of insurance; and 5
(iii) other expenditure of a recurrent nature; and 6
(b) allow for raising a reasonable capital amount to provide for 7
necessary and reasonable spending from the sinking fund for the 8
financial year covering-- 9
(i) anticipated expenditure of a capital or non-recurrent nature; 10
and 11
(ii) the periodic replacement of items of a major capital nature; 12
and 13
(iii) other expenditure that should reasonably be met from 14
capital; and 15
(c) fix the amount to be raised by way of contribution to cover the 16
estimated recurrent expenditure mentioned in paragraph (a) and 17
the capital provision mentioned in paragraph (b). 18
(3) The original owner must prepare a proposed budget for adoption by 19
the body corporate at its first annual general meeting, and the committee 20
must prepare a proposed budget for adoption by the body corporate at each 21
later annual general meeting. 22
(4) A copy of the proposed budget must accompany the notice of the 23
annual general meeting. 24
Division 2--Levies 25
to be levied on owners 26
Contributions
100.(1) A body corporate must, by ordinary resolution-- 27
19 See section 105 (Administrative and sinking funds).
s 100 69 s 100
Building Units and Group Titles
(a) fix, on the basis of its budget for a financial year, the 1
contributions to be levied on the owner of each lot for the 2
financial year; and 3
(b) decide the number of instalments in which the contributions are to 4
be paid; and 5
(c) fix the date on or before which payment of each instalment is 6
required. 7
(2) If a liability arises for which no provision, or inadequate provision, 8
has been made in the budget, the body corporate must, by ordinary 9
resolution-- 10
(a) fix a special contribution to be levied on the owner of each lot 11
towards the liability; and 12
(b) decide whether the contribution is to be paid in a single amount or 13
in instalments and, if in instalments, the number of instalments; 14
and 15
(c) fix the date on or before which payment of the single amount or 16
each instalment is required. 17
(3) The contributions levied on the owner of each lot must be 18
proportionate to the lot entitlement of the lot.20 19
(4) If a development lot in a staged development scheme has been 20
subdivided into lots and common property by a secondary plan, the 21
secondary body corporate is liable to levies under this section as if it were 22
the owner of the development lot. 23
(5) The owner of a development lot in a staged development scheme is 24
not liable to the component of a contribution referable to the primary body 25
corporate's sinking fund if-- 26
(a) the development lot has not yet been subdivided by a secondary 27
plan; and 28
20 But see sections 138 (Insurance where buildings and improvements in group
titles scheme mutually dependent for support on party wall) and 139 (Insurance
where buildings in group titles scheme are not supported by party wall).
s 101 70 s 102
Building Units and Group Titles
(b) planning approval has not yet been given for, and work has not 1
yet begun on, the building of roads, paths, buildings or 2
recreational facilities on the development lot. 3
(6) If a lot is leased under a leaseback arrangement, the lessee is liable to 4
levies under this section as if the lessee were the owner of the lot. 5
for timely payment 6
Discounts
101.(1) A body corporate may, by ordinary resolution, fix a discount to 7
be given to owners of lots if a contribution, or instalment of contribution, is 8
received by the body corporate by the date for payment fixed in notices of 9
contribution given to the owners. 10
(2) The discount cannot be more than 20% of the amount to be paid. 11
12
Example--
13
Suppose that--
14
· a contribution of $100 is payable in 4 instalments of $25 and the body
15
corporate has fixed a discount of 10% for payment by the date for
16
payment in the accounts given to the owners;
17
· an account requiring payment of an instalment of $25 by 31 March is
18
given to the owner of a lot;
19
· the instalment is paid on 25 March.
20
In this case, the owner is entitled to a discount of $2.50 on the instalment.
for late payment 21
Penalties
102.(1) A body corporate may, by ordinary resolution, fix a penalty to be 22
paid by owners of lots if a contribution, or instalment of contribution, is not 23
received by the body corporate by the date for payment fixed in notices of 24
contribution given to the owners. 25
(2) The penalty must consist of simple interest at a stated rate (of not 26
more than the percentage fixed under the regulations) for each month the 27
contribution or instalment is in arrears. 28
s 103 71 s 104
Building Units and Group Titles
1
Example--
2
Suppose that--
3
· a contribution of $400 is payable in 4 instalments of $100 and the body
4
corporate has fixed a penalty interest rate of 5% per month;
5
· an account requiring payment of an instalment of $100 by 31 March is
6
given to the owner of a lot;
7
· the instalment is not paid until 27 June.
8
In this case, the instalment has been in arrears for 2 complete months and a
9
penalty of $10 is payable.
of contribution payable 10
Notice
103. At least 30 days before the payment of a contribution, or instalment 11
of a contribution, is required, a body corporate must give the owner of each 12
lot written notice of the amount of-- 13
(a) the total amount of the contribution levied on the owner; and 14
(b) the amount of the contribution, or instalment of contribution, of 15
which payment is currently required; and 16
(c) the date (the "date for payment") on or before which the 17
contribution, or instalment of contribution, must be paid; and 18
(d) any discount to which the owner is entitled for payment of the 19
contribution, or instalment of contribution, by the date for 20
payment; and 21
(e) any penalty to which the owner is liable for each month payment 22
is in arrears; and 23
(f) if the owner is in arrears in payment of contribution or 24
penalty--the arrears. 25
and recovery of contributions 26
Payment
104.(1) If a contribution, or instalment, is not paid by the date for 27
payment, a body corporate may recover the amount of the contribution or 28
instalment, together with any penalty, as a debt. 29
s 105 72 s 105
Building Units and Group Titles
(2) A liability to pay a contribution, instalment or penalty is enforceable 1
jointly and severally against the person who was the owner of the lot when 2
the contribution or instalment became payable and a person (including a 3
mortgagee in possession) who becomes an owner of the lot before the 4
contribution, instalment or penalty is paid. 5
(3) If there are 2 or more owners of a lot, they are jointly and severally 6
liable to pay a contribution, instalment or penalty under this Act. 7
(4) If an owner is liable for a contribution, or instalment of contribution, 8
and a penalty, an amount paid by the owner must be paid first towards the 9
penalty and then in reduction of the outstanding contribution or instalment 10
of contribution. 11
(5) If the body corporate is satisfied there are special reasons, in a 12
particular case, for allowing a discount of contribution, or waiving a penalty, 13
the body corporate may allow the discount or waive the penalty in whole or 14
part. 15
3--Administrative and sinking funds 16
Division
and sinking funds 17
Administrative
105.(1) A body corporate must establish and keep an administrative fund 18
and a sinking fund. 19
(2) The body corporate must pay into its administrative fund any amount 20
received by the body corporate that is not required under subsection (3) to 21
be paid into its sinking fund. 22
(3) The body corporate must pay into its sinking fund-- 23
(a) the amount raised by way of contribution to cover anticipated 24
spending of a capital or non-recurrent nature (including the 25
periodic renewal or replacement of major items of a capital nature 26
and other spending that should be reasonably met from capital); 27
and 28
(b) amounts received under policies of insurance for destruction of 29
items of a major capital nature; and 30
(c) interest from investment of the sinking fund. 31
s 106 73 s 107
Building Units and Group Titles
(4) The administrative and sinking funds may be invested in authorised 1
trustee investments. 2
(5) All amounts received by the body corporate for the credit of the 3
administrative and sinking funds must be paid into an account kept solely in 4
the name of a body corporate at a financial institution.21 5
(6) All payments from the administrative or sinking fund must be made 6
from the account. 7
of administrative and sinking funds 8
Application
106.(1) The sinking fund may be applied towards-- 9
(a) spending of a capital or non-recurrent nature; and 10
(b) the periodic replacement of major items of a capital nature; and 11
(c) other spending that should reasonably be met from capital. 12
(2) All other spending of the body corporate must be met from the 13
administrative fund. 14
15
Examples--
16
1. The cost of repainting the common property or replacing airconditioning plant
17
would be paid from the sinking fund.
18
2. The cost of insurance would be paid from the administrative fund.
provision for certain staged development schemes 19
Special
107.(1) If a staged development scheme is established on the basis that 20
secondary bodies corporate are not to be formed on the registration of 21
secondary plans, the primary body corporate must establish separate 22
administrative and sinking funds for each development lot.22 23
21 Financial institution is a bank, building society or credit union--see section 36
of the Acts Interpretation Act 1954, definition "financial institution".
22 See section 43(2) (Establishment of body corporate).
s 108 74 s 108
Building Units and Group Titles
(2) If a separate administrative or sinking fund exists for a particular 1
development lot, income related to the particular development lot must be 2
paid into the fund and spending related to the particular development lot 3
must be paid out of the fund. 4
(3) If spending is not related to a particular development lot, the spending 5
must be divided between the funds in proportion to the lot entitlements of 6
the development lots for which they are established. 7
(4) The body corporate may amalgamate separate administrative funds or 8
separate sinking funds established under this section only if-- 9
(a) the funds relate to development lots that have been divided by 10
secondary plans of the same type; and 11
(b) there is no original owner of a development lot affected by the 12
proposed amalgamation who holds lots with a lot entitlement of 13
more than half the total lot entitlement of the lots created on 14
registration of the secondary plans; and 15
(c) a majority of the owners of the lots in each development lot 16
affected by the amalgamation are in favour of the amalgamation. 17
4--Borrowing 18
Division
to borrow 19
Power
108.(1) The body corporate may, by ordinary resolution, borrow 20
amounts on security agreed between the body corporate and the person 21
from whom the amounts are borrowed. 22
(2) However-- 23
(a) the body corporate may not give a mortgage or charge over the 24
common property; and 25
(b) the body corporate's borrowing power is subject to restrictions 26
imposed under the regulations. 27
s 109 75 s 109
Building Units and Group Titles
Division 5--Control of spending 1
by committee 2
Spending
109.(1) In this section-- 3
"relevant limit" is-- 4
(a) an amount worked out by multiplying the number of lots shown 5
on the plan by the amount prescribed under the regulations; or 6
(b) an amount fixed by special resolution of the body corporate 7
within limits fixed under the regulations. 8
(2) The committee may only carry out a proposal involving spending 9
above the relevant limit if-- 10
(a) the spending is specifically authorised by ordinary resolution; or 11
(b) the owners of all the lots have given written consent; or 12
(c) a referee is satisfied that the spending is required to meet an 13
emergency and authorises it; or 14
(d) the spending is necessary to comply with-- 15
(i) a statutory order or notice given to the body corporate; or 16
(ii) the order of a referee; or 17
(iii) the judgment or order of a court. 18
(3) For this section, if a series of proposals forms a single project, the 19
cost of carrying out any 1 of the proposals is taken to be more than the 20
relevant limit if the cost of the project, as a whole, is more than the relevant 21
limit. 22
(4) Subsection (2) is subject to section 110.23 23
23 Section 110 (Limitation on major spending).
s 110 76 s 110
Building Units and Group Titles
on major spending 1
Limitation
110.(1) In this section-- 2
"relevant limit" means an amount worked out by multiplying the number 3
of lots shown on the plan by the amount prescribed under the 4
regulations. 5
(2) If-- 6
(a) a motion proposes the carrying out of work, or the acquisition of 7
personal property or services; and 8
(b) the cost of carrying the proposal into effect is more than the 9
relevant limit; 10
owners must be given copies of at least 2 quotations or tenders for carrying 11
out the work or supplying the personal property or services. 12
(3) If the motion is proposed by the committee, the committee must 13
obtain the quotations or tenders and, in other cases, the person proposing 14
the motion must obtain the quotations or tenders and give them to the 15
secretary. 16
(4) Copies of the quotations or tenders or, if voluminous, summaries of 17
the quotations or tenders (with a note of where the complete documents 18
may be inspected) must accompany the notice of the meeting at which the 19
motion is to be considered. 20
(5) If for exceptional reasons it is not practicable to obtain 2 quotations or 21
tenders, a single quotation or tender must be obtained and accompany the 22
notice of meeting. 23
24
Example--
25
If the goods to be acquired by the body corporate are obtainable from only 1
26
source, a quotation for supplying the goods must be obtained from the source and
27
circulated with the notice of meeting. The fact that the goods with the necessary
28
characteristics are only obtainable from a single source would be an exceptional
29
reason for not obtaining 2 quotations for the supply of the goods.
s 111 77 s 112
Building Units and Group Titles
6--Accounts and audit 1
Division
2
Accounts
111.(1) A body corporate must-- 3
(a) keep proper accounting records; and 4
(b) prepare for each financial year a statement of accounts showing-- 5
(i) the assets and liabilities of the body corporate at the end of 6
the financial year; and 7
(ii) the income and spending (or receipts and payments) of the 8
body corporate for the financial year. 9
(2) The statement of accounts may be prepared on a cash or accrual 10
basis. 11
(3) The statement of accounts must include the corresponding figures for 12
the previous financial year (unless the statement is for the body corporate's 13
first financial year). 14
(4) A copy of the statement of accounts must accompany the notice of 15
the next annual general meeting. 16
17
Audit
112.(1) A body corporate must have its statement of accounts for each 18
financial year audited unless the body corporate resolves by special 19
resolution in the terms prescribed under a regulation not to have it audited. 20
(2) However-- 21
(a) the primary body corporate in a staged development scheme 22
cannot resolve not to have the statement of accounts audited; and 23
(b) even though a body corporate has resolved not to have its 24
statement of accounts for a particular financial year audited, the 25
body corporate may, by ordinary resolution, resolve to have its 26
accounting records for a particular period, or for a particular 27
project, audited and appoint an auditor for the purpose. 28
s 113 78 s 113
Building Units and Group Titles
(3) A member of the committee of the body corporate, a body corporate 1
manager, or an associate of a member of the committee or a body corporate 2
manager, cannot be appointed to audit the accounting records or the 3
statement of accounts of the body corporate. 4
(4) On finishing an audit of the body corporate's statement of accounts 5
for a financial year, the auditor must give a certificate-- 6
(a) stating whether the statement of accounts gives a true and fair 7
view of the body corporate's financial affairs; and 8
(b) if not--identifying the deficiencies in the statement. 9
(5) A copy of the auditor's certificate must accompany the notice of the 10
next annual general meeting. 11
ART 6--PROPERTY MANAGEMENT 12
P
1--Body corporate's responsibilities 13
Division
corporate's duties about common property etc. 14
Body
113.(1) A body corporate must-- 15
(a) administer, manage and control its common property reasonably 16
and for the benefit of lot owners; and 17
(b) establish and maintain (where appropriate) suitable lawns and 18
gardens on the common property; and 19
(c) maintain the common property in good order and condition;24 20
and 21
24 The common property includes service infrastructure. However, a part of the
service infrastructure within a lot and solely related to supplying services to the
lot is common property only if it is within a boundary structure separating the lot
from another lot or from common property (see section 27 (What is common
property?)).
s 114 79 s 115
Building Units and Group Titles
(d) maintain its property that is not part of the common property in 1
good order and condition; and 2
(e) maintain in good order and condition-- 3
(i) protective barriers on or near the boundary of a lot and 4
common property; and 5
(ii) doors, windows and associated fittings situated in a 6
boundary wall separating a lot from common property. 7
8
Examples of protective barriers mentioned in paragraph (e)(i)--
9
· railings
10
· parapets
11
· balustrades.
(2) However-- 12
(a) the body corporate is not responsible for maintaining fixtures or 13
fittings installed by the occupier of a lot if they were installed for 14
the occupier's own benefit; and 15
(b) if a separate and distinct part of the service infrastructure consists 16
of equipment of a type prescribed under the regulations, and 17
relates only to supplying services to a particular lot--the owner of 18
the lot is responsible for maintaining the equipment in good order 19
and condition. 20
21
Example--
22
Suppose airconditioning plant is installed on the common property, but relates
23
only to supplying services to a particular lot. In this case, the owner of the lot would
24
be responsible for maintaining the airconditioning equipment.
corporate's responsibility in building units scheme 25
Body
114. A body corporate in a building units scheme must ensure that parts 26
of the buildings of a type prescribed under the regulations are, and remain, 27
structurally sound and in good order and condition. 28
box and notice board 29
Mail
115.(1) A body corporate must-- 30
s 116 80 s 117
Building Units and Group Titles
(a) maintain a mail box clearly showing the body corporate's name 1
in a suitable position at or near the street alignment of the parcel; 2
or 3
(b) make suitable alternative arrangements for the receipt of mail. 4
(2) The body corporate must maintain a notice board for the display of 5
notices and other material of interest to the owners or occupiers in a suitable 6
position on the common property. 7
Division 2--Acquisition and disposal of common property 8
of land by body corporate 9
Acquisition
116.(1) If authorised by unanimous resolution, a body corporate may 10
acquire land contiguous to the parcel in fee simple to incorporate it with the 11
common property. 12
(2) However-- 13
(a) a body corporate cannot acquire a lot in its own community titles 14
scheme; and 15
(b) if a leaseback arrangement is in force--the body corporate may 16
exercise its power of acquisition under this section while the 17
leaseback arrangement continues in force only if all the owners 18
agree in writing to the proposed acquisition. 19
(3) An application to register the acquisition of title to land by the body 20
corporate under this section must be accompanied by-- 21
(a) if the land is acquired by transfer--the instrument of transfer; and 22
(b) a copy of the resolution authorising acquisition of the land, and its 23
incorporation with the common property, certified under the body 24
corporate's common seal. 25
(4) On registration of the acquisition, the land merges with the common 26
property. 27
of interest in common property 28
Disposal
117.(1) The body corporate may-- 29
s 117 81 s 117
Building Units and Group Titles
(a) if authorised by unanimous resolution--sell or otherwise dispose 1
of part of the common property; or 2
(b) if authorised by resolution without dissent--grant or amend a 3
lease over part of the common property. 4
(2) A secondary body corporate may sell, otherwise dispose of, or grant 5
a lease over, part of the common property only if-- 6
(a) the primary body corporate, authorised by unanimous resolution, 7
also agrees to the transaction; and 8
(b) the transaction is not contrary to the master plan. 9
(3) If a leaseback arrangement is in force the body corporate may grant a 10
lease over all the common property to the lessee under the leaseback 11
arrangement for the duration of the leaseback arrangement, but may enter 12
into another transaction under this section only if all the owners of lots agree 13
in writing to the proposed transaction. 14
(4) However-- 15
(a) a body corporate may sell or otherwise dispose of part of the 16
common property only if the transaction is approved as a 17
subdivision under the Local Government (Planning and 18
Environment) Act 1990; and 19
(b) the body corporate may lease part of the common property only 20
if-- 21
(i) the transaction is approved by the local government and, if it 22
is a subdivision within the meaning of the Local 23
Government (Planning and Environment) Act 1990, is 24
approved as a subdivision under that Act; and 25
(ii) the lease does not interfere with access to a lot, or to a part of 26
the common property over which exclusive rights have been 27
given by by-law; and 28
(iii) is not common property to which section 97 applies.25 29
(5) An instrument to give effect to a transaction under this section may 30
be registered only if accompanied by-- 31
25 Section 97 (Use of common property by service contractor).
s 118 82 s 118
Building Units and Group Titles
(a) a certificate under the body corporate's seal certifying that the 1
transaction has been authorised as required by this section; and 2
(b) a certificate of the local government certifying that the transaction 3
has been approved or noted as required under the Local 4
Government (Planning and Environment) Act 1990; and 5
(c) if the transaction is a subdivision--plan of subdivision under the 6
Land Title Act 1994. 7
3--Easements 8
Division
9
Easements
118.(1) If authorised by unanimous resolution, a body corporate may-- 10
(a) grant an easement over the common property, or accept the grant 11
of an easement for the benefit of the common property; or 12
(b) surrender an easement for the benefit of the common property, or 13
accept the surrender of an easement over the common property. 14
(2) A secondary body corporate may grant or surrender an easement 15
only if the primary body corporate, authorised by unanimous resolution, 16
also agrees. 17
(3) The Registrar must register the grant or surrender of an easement 18
over or affecting the common property on lodgment of-- 19
(a) a copy of the resolution (or resolutions) certified under the 20
common seal of the relevant body corporate; and 21
(b) if the Registrar considers necessary--a plan of the easement; and 22
(c) other documents required by the Registrar. 23
(4) If a leaseback arrangement is in force, the body corporate may grant 24
or surrender an easement under this section only if all owners of lots agree, 25
in writing, to the grant or surrender of the easement. 26
s 119 83 s 120
Building Units and Group Titles
Division 4--Improvements to common property 1
to the common property by the body corporate 2
Improvements
119.(1) A body corporate may make improvements to the common 3
property if-- 4
(a) the cost of the improvements, or, if the improvements together 5
with associated improvements form a single project for 6
improvement of the common property, the cost of the entire 7
project, is within the limit fixed under the regulations and the 8
improvements are authorised by ordinary resolution; or 9
(b) the improvements are authorised by resolution without dissent; or 10
(c) a referee decides on application by the body corporate or the 11
owner of a lot that the improvements are reasonably necessary for 12
the health, safety or security of persons who use the common 13
property and authorises the improvements. 14
(2) If a leaseback arrangement is in force, the body corporate may make 15
improvements to the common property under this section only if all owners 16
of lots agree, in writing, to the proposed improvements. 17
to common property by owners 18
Improvements
120.(1) A body corporate may, if asked by the owner of a lot, authorise 19
the owner to make an improvement to the common property for the benefit 20
of the owner's lot. 21
(2) A major improvement must be authorised by resolution without 22
dissent, but a minor improvement may be authorised by the body corporate. 23
(3) However, if a staged development scheme involves the formation of 24
secondary bodies corporate, the primary body corporate may authorise an 25
improvement to the primary common property under this section only if 26
each secondary body corporate, by resolution without dissent, agrees. 27
(4) An authority may be given under this section on conditions the body 28
corporate considers appropriate. 29
s 121 84 s 122
Building Units and Group Titles
(5) The owner of a lot who is given an authority under this section--26 1
(a) must comply with conditions of the authority; and 2
(b) must maintain the improvement made under the authority in good 3
order and condition, unless excused by the body corporate. 4
to common property in staged development scheme 5
Improvements
121. Improvements to the primary or secondary common property in a 6
staged development scheme must be consistent with the primary plan. 7
5--Amenities and services 8
Division
of amenities for benefit of owners 9
Acquisition
122.(1) A body corporate may-- 10
(a) acquire a leasehold interest in land for the use and enjoyment of 11
the owners or occupiers of lots; or 12
(b) acquire a licence or concession related to land for the use and 13
enjoyment of the owners or occupiers of lots, or surrender a 14
licence or concession related to land previously acquired by the 15
body corporate; or 16
(c) enter into an agreement with another body corporate under which 17
the owners or occupiers of lots in both schemes may share the 18
use and enjoyment of facilities established on the common 19
property of either. 20
21
Examples--
22
1. The body corporate may under subsection (1)(b) acquire rights to establish or
23
use moorings for vessels.
24
2. The body corporate may enter into an agreement with another body corporate
25
under subsection (1)(c) under which the owners or occupiers of lots are entitled to
26
use a tennis court on the common property of the other body corporate.
26 Under section 34A of the Acts Interpretation Act 1954 a reference to a person
having an interest in land includes a reference to the person's personal
representatives, successors and assigns.
s 123 85 s 125
Building Units and Group Titles
(2) However, a body corporate-- 1
(a) cannot acquire an interest in a lot in its own community titles 2
scheme; and 3
(b) may exercise its powers under this section only if authorised 4
by-- 5
(i) if the proposal is to enter into a lease, licence, concession or 6
agreement involving an annual cost to the body corporate 7
more than the amount prescribed under the 8
regulations--unanimous resolution; or 9
(ii) in other cases--resolution without dissent; and 10
(c) if a leaseback arrangement is in force-- may exercise its powers 11
under this section only if all owners of lots agree, in writing, to 12
the proposed exercise of powers. 13
of personal property 14
Acquisition
123.(1) A body corporate may acquire personal property for the general 15
use and enjoyment of the owners and occupiers of lots. 16
(2) However, if the cost of acquisition is more than the amount 17
prescribed under the regulations, the body corporate may acquire the 18
property only if authorised by resolution without dissent. 19
of services by body corporate 20
Supply
124.(1) A body corporate may supply services of a type authorised under 21
the regulations for the benefit of owners and occupiers of lots. 22
(2) The body corporate may, by agreement with a person for whom 23
services are supplied, charge for the services. 24
6--Power to act for owners and occupiers 25
Division
corporate may carry out work required of owners and occupiers 26
Body
125.(1) A body corporate may carry out work an owner or occupier of a 27
lot is required, but fails, to carry out under-- 28
s 126 86 s 127
Building Units and Group Titles
(a) section 131;27 or 1
(b) a notice given under another Act or a Commonwealth Act; or 2
(c) a by-law; or 3
(d) a referee's order; or 4
(e) the order of a court. 5
(2) The body corporate may recover the reasonable cost of carrying out 6
work under subsection (1) from the owner of the lot as a debt. 7
(3) If a staged development scheme involves the formation of secondary 8
bodies corporate, the primary body corporate may carry out work on a 9
development lot for which a secondary plan has been registered only if-- 10
(a) the secondary body corporate agrees; or 11
(b) the need to carry out the work arises from non-compliance with a 12
by-law of the primary body corporate. 13
corporate's power to take action to remedy defective building 14
Body
work 15
126.(1) If building work carried out for the owner of a lot is defective 16
and, because of the defect, the support or shelter of another lot, or the 17
common property is, or is likely to be, adversely affected, the body 18
corporate may bring a proceeding under the Queensland Building Services 19
Act 1991 or another law to have the defect remedied. 20
(2) If the body corporate brings the proceeding, the body corporate is 21
subrogated to the contractual and other rights of the person for whom the 22
building work was carried out. 23
Division 7--Power to enter lot 24
of entry 25
Power
127.(1) A person authorised by the body corporate may enter a lot, and 26
remain on the lot while it is reasonably necessary-- 27
27 Section 131 (Maintenance of lots).
s 128 87 s 129
Building Units and Group Titles
(a) to inspect the lot and find out whether work the body corporate is 1
authorised or required to carry out is necessary; or 2
(b) to carry out work the body corporate is authorised or required to 3
carry out. 4
(2) The power of entry may be exercised-- 5
(a) in an emergency--at any time; and 6
(b) in other cases--after at least 7 days notice of the intended entry 7
has been given to-- 8
(i) the owner of the lot; or 9
(ii) if the owner is not in occupation of the lot--the occupier of 10
the lot. 11
(3) A person must not obstruct an authorised person who is exercising or 12
attempting to exercise powers under this section. 13
Maximum penalty for subsection (3)--20 penalty units. 14
ART 7--CONDUCT OF OCCUPIERS 15
P
with easements of support or shelter 16
Interference
128. An occupier of a lot must not interfere, or permit interference with, 17
support or shelter provided for another lot or the common property. 18
with services 19
Interference
129. An occupier of a lot must not, either within or outside the lot, 20
interfere or permit interference with the service infrastructure or services in 21
a way that may affect the supply of the services to another lot or the 22
common property. 23
s 130 88 s 132
Building Units and Group Titles
1
Nuisances
130. An occupier of a lot must not use, or permit the use of, the lot or the 2
common property in a way that-- 3
(a) causes a nuisance or hazard; or 4
(b) interferes unreasonably with the use or enjoyment of the common 5
property by anyone else who is lawfully on the common 6
property. 7
of lots 8
Maintenance
131.(1) The owner of a lot must keep the lot in good order and condition. 9
(2) An occupier of a lot must keep the external parts of the lot in a clean 10
and tidy condition. 11
(3) The owner of a lot must keep the service infrastructure within the 12
boundaries of the lot, and not part of the common property, in good order 13
and condition and, if it is in need of replacement, must replace it.28 14
(4) If the owner of a lot leases the lot under a leaseback arrangement, the 15
lessee has the obligations of the owner under this section while the 16
leaseback arrangement is in force. 17
PART 8--BYLAWS 18
to make by-laws 19
Power
132.(1) A body corporate's first by-laws are the by-laws set out in 20
Schedule 1 as in force when the plan is registered. 21
28 All of the service infrastructure is common property unless it is a part within a
lot and solely related to supplying services to the lot. However, if a part of the
service infrastructure is in a boundary structure separating the lot from another
lot or from common property, it is also common property even though solely
related to supplying services to the lot (see section 27 (What is common
property?)).
s 133 89 s 133
Building Units and Group Titles
(2) The body corporate may, by special resolution, make by-laws-- 1
(a) for the administration, management and control of the common 2
property; and 3
(b) to regulate the use and enjoyment of the common property and 4
lots; and 5
(c) to amend or repeal a by-law of the body corporate. 6
(3) A by-law-- 7
(a) may allocate a particular lot for a particular commercial purpose 8
and prohibit the use of other lots for the same commercial 9
purpose; but 10
(b) may restrict the commercial uses to which a lot may be put in 11
other ways only if the owner of the lot agrees in writing to the 12
restriction. 13
(4) If a lot may lawfully be used for residential purposes, the by-laws 14
cannot restrict the type of residential use. 15
16
Example--
17
A by-law cannot prevent the owner of a lot established for long-term residence
18
from letting the lot for short-term holiday accommodation.
(5) A by-law (other than an exclusive use by-law) must not impose a 19
monetary liability on the owner or occupier of a lot. 20
use by-laws 21
Exclusive
133.(1) The body corporate may, by resolution without dissent, make a 22
by-law (an "exclusive use by-law") giving the owner of a lot exclusive 23
rights to the use and enjoyment of, or other special rights in relation to, the 24
common property or part of the common property. 25
(2) An exclusive use by-law must-- 26
(a) specifically identify or define the part of the common property to 27
which the by-law applies; or 28
(b) set apart a particular part of the common property for allocation to 29
the owners of lots by a person (who may be the original owner or 30
the original owner's agent) authorised to make the allocation or 31
provide for another method of allocation to the owners of lots. 32
s 133 90 s 133
Building Units and Group Titles
(3) An exclusive use by-law may give rights to the owner of a lot only if 1
the owner agrees in writing before-- 2
(a) the by-law is made; or 3
(b) the allocation to the owner of the part of the common property to 4
which the rights relate. 5
(4) If the owner to whom the rights are in the first instance given agrees 6
in writing, an exclusive use by-law may impose conditions (which may 7
include conditions requiring the owner to make a payment or periodic 8
payments to the body corporate or the owners of other lots or both). 9
(5) An exclusive use by-law is taken, in the absence of other specific 10
provision in the by-law for maintenance, to make the owner of the lot 11
responsible for the maintenance of the part of the common property to 12
which the by-law applies. 13
(6) The owner of a lot to whom rights are given by an exclusive use by- 14
law may, by agreement, exchange the rights for similar rights given by an 15
exclusive use by-law on the owner of another lot. 16
(7) The parties to a transaction for the exchange of rights under 17
subsection (6) must give the body corporate written notice of the 18
transaction. 19
(8) Within 3 months after receiving notice of the transaction, the body 20
corporate must apply to the Registrar to have the transaction recorded (and 21
the exchange does not take effect until the transaction is recorded). 22
(9) The parties to a transaction for the exchange of rights under this 23
section are jointly and severally liable to the body corporate for the costs of 24
recording the transaction (and the body corporate may recover the costs as a 25
debt from the parties or either of them). 26
(10) An exclusive use by-law is enforceable by or against the owner of 27
the lot to whom the rights are given. 28
(11) An exclusive use by-law may authorise the owner who has the 29
benefit of the by-law to make specific improvements to the part of the 30
common property to which the by-law applies (which may consist or 31
include the installation of particular fixtures or the making of particular 32
changes to the relevant part of the common property). 33
s 134 91 s 134
Building Units and Group Titles
(12) However, in the absence of a specific provision authorising 1
improvements, the by-law does not itself authorise the owner to make 2
improvements or changes to the common property. 3
(13) If the by-law does not itself authorise the improvements, the body 4
corporate's authorisation is required under section 120.29 5
(14) If an exclusive use by-law imposes a monetary liability-- 6
(a) the liability may be recovered as a debt; and 7
(b) the liability is enforceable jointly and severally against the person 8
who was the owner of the lot when the liability arose and a 9
successor in title. 10
and commencement of by-laws 11
Registration
134.(1) If a body corporate makes a by-law, the body corporate must, 12
within 3 months after passing the resolution for making the by-law, lodge a 13
written notice with the Registrar-- 14
(a) setting out the text of the by-law; and 15
(b) stating the nature of the resolution by which the by-law was 16
made; and 17
(c) stating the date when the resolution for making the by-law was 18
passed. 19
(2) If the notice is not given within the 3 months, the by-law lapses. 20
(3) A by-law comes into force on the day the Registrar records the by- 21
law or a later date stated in the by-law. 22
(4) However-- 23
(a) the Registrar is not obliged to, but may, examine a by-law for 24
validity; and 25
(b) it must not be presumed that a by-law has been validly made 26
because the Registrar records it as a by-law; and 27
(c) the validity or enforceability of a by-law, as recorded by the 28
Registrar, is not guaranteed by the State; and 29
29 Section 120 (Improvements to common property by owners).
s 135 92 s 135
Building Units and Group Titles
(d) the by-laws recorded by the Registrar must be endorsed with a 1
caution to that effect. 2
effect of by-laws 3
Legal
135.(1) A by-law is binding on-- 4
(a) the body corporate; and 5
(b) the owner of a lot; and 6
(c) the occupier of a lot; and 7
(d) an invitee of the owner or occupier of the lot. 8
(2) However-- 9
(a) if a by-law is inconsistent with this Act or another law, the by-law 10
is invalid to the extent of the inconsistency; and 11
(b) a by-law cannot prevent or restrict a transmission, transfer, 12
mortgage or other dealing with a lot; and 13
(c) a by-law must not discriminate between types of occupiers. 14
15
Examples--
16
1. A by-law cannot prevent the owner of a lot from leasing or mortgaging a lot.
17
2. A by-law cannot prevent the sale of a lot to a person under or over a particular
18
age.
19
3. A by-law cannot prevent a tenant from using a pool on the common property.
(3) If, in a staged development scheme, there is an inconsistency between 20
a by-law made by a primary body corporate and a by-law made by a 21
secondary body corporate, the by-law made by the primary body corporate 22
prevails. 23
(4) If a by-law is made when a leaseback arrangement is in force, the by- 24
law lapses when the leaseback arrangement comes to an end unless all 25
owners agreed in writing to the making of the by-law. 26
s 136 93 s 137
Building Units and Group Titles
uide dogs 1
G
136.(1) A person is entitled to be accompanied by a guide dog while on a 2
lot or the common property and, if the person is the owner or an occupier of 3
a lot, is entitled to keep a guide dog on the lot. 4
(2) A by-law cannot exclude or restrict a right given by this section. 5
PART 9--INSURANCE 6
of lots and common property 7
Insurance
137.(1) The body corporate must insure, to full replacement value-- 8
(a) the common property; and 9
(b) for a building units scheme--the building. 10
(2) A policy of insurance taken out under this section-- 11
(a) must cover-- 12
(i) damage from fire, storm, tempest, explosion or other risks 13
prescribed under the regulations; and 14
(ii) costs incidental to the reinstatement or replacement of the 15
buildings, including the cost of removing debris and the fees 16
of architects or other professional advisers; and 17
(b) must provide for the reinstatement of property to its condition 18
when new. 19
(3) Despite any provision of the insurance policy, the body corporate 20
(and not the owner of a lot) is liable to pay an amount payable, by way of 21
excess, under an insurance policy taken out by the body corporate under this 22
section and any contribution that has to be made to the cost of reinstatement 23
or repair because the insurance is not for the full replacement value of the 24
insured property. 25
s 138 94 s 138
Building Units and Group Titles
where buildings and improvements in group titles scheme 1
Insurance
mutually dependent for support on party wall 2
138.(1) If there is a common wall between buildings on separate lots 3
created by a group titles plan, the body corporate must insure the buildings 4
and improvements on the lots to their full replacement value. 5
(2) The policy of insurance-- 6
(a) must cover-- 7
(i) damage from fire, storm, tempest, explosion or other risks 8
prescribed under the regulations; and 9
(ii) costs incidental to the reinstatement or replacement of the 10
buildings, including the cost of removing debris and the fees 11
of architects or other professional advisers; and 12
(b) must provide for the reinstatement of the buildings and 13
improvements to their condition when new; and 14
(c) must state the estimated value of the buildings and improvements 15
on each lot; and 16
(d) may give effect, in whole or part, to a voluntary group titles 17
insurance scheme. 18
(3) The owner of each lot is liable to reimburse the body corporate for the 19
proportion of the premium fairly reflecting-- 20
(a) the proportion of the total value of the buildings and 21
improvements covered by the policy represented by buildings on 22
the owner's lot; and 23
(b) the proportion of the total risks covered by the policy attributable 24
to buildings on the owner's lot or activities carried on, or 25
proposed to be carried on, in the buildings or elsewhere on the 26
owner's lot. 27
28
Example of paragraph (a)--
29
In a group titles townhouse complex--
30
· lot 1 has a building valued at $200 000
31
· lot 2 has a larger building valued at $300 000
32
· lot 3 has the largest building with substantial improvements (pergola,
33
rooftop solarium and pool) valued in total at $400 000.
s 139 95 s 139
Building Units and Group Titles
1
Each owner's share of the body corporate's policy premium of $2 700 will reflect
2
the differences. Thus, each owner's reimbursement liability will be--
3
$600 for lot 1 (2/9 of $2 700)
·
4
$900 for lot 2 (3/9 of $2 700)
·
5
$1 200 for lot 3 (4/9 of $2 700).
·
6
Example of paragraph (b)--
7
In a commercial community titles scheme, the buyer of a lot starts a small
8
manufacturing business requiring the use and storage of flammable chemicals. The
9
insurance premium for the body corporate policy is increased by the insurer because
10
of the increased risk of damage through fire. The owner's reimbursement liability for
11
the insurance premium will include the amount of the increase.
(4) The reimbursement for which the owner of a lot is liable may be 12
recovered by the body corporate as part of the owner's annual contribution 13
to the administrative fund. 14
where buildings in group titles scheme are not supported 15
Insurance
by party wall 16
139.(1) If the body corporate created on registration of a group titles plan 17
is authorised by by-law to take out insurance under this section, the body 18
corporate may establish an insurance scheme (a "voluntary group titles 19
insurance scheme") under which it takes out insurance over buildings and 20
improvements on the lots for the owners of the lots. 21
(2) Taking part in the insurance scheme is optional, and the owner of a 22
lot who wants to take part in the scheme must-- 23
(a) notify the body corporate of the estimated value of the buildings 24
and improvements to be insured; and 25
(b) comply with other requirements under the by-law or policy of 26
insurance. 27
(3) The insurance policy taken out under the scheme must state the 28
estimated value of the buildings and improvements on each lot covered by 29
the policy, as notified to the body corporate by the owner of the lot. 30
(4) The owner of a lot who takes part in the insurance scheme is liable to 31
reimburse the body corporate for the proportion of the premium fairly 32
reflecting-- 33
s 140 96 s 141
Building Units and Group Titles
(a) the proportion of the total value of the buildings and 1
improvements insured under the scheme represented by the 2
buildings and improvements on the owner's lot; and 3
(b) the proportion of the total risks covered by the policy attributable 4
to buildings and improvements on the owner's lot or activities 5
carried on, or proposed to be carried on, in buildings or elsewhere 6
on the owner's lot. 7
8
Examples of paragraphs (a) and (b)--
9
See examples to section 138(3)(a) and (b).
(5) The reimbursement for which the owner of a lot is liable may be 10
recovered by the body corporate as part of the owner's annual contribution 11
to the administrative fund. 12
risk insurance 13
Public
140. A body corporate must maintain public risk insurance (covering 14
accidental death, personal injury and property damage) over the common 15
property for an amount equal to, or more than, a minimum prescribed 16
under the regulations. 17
of original owner 18
Responsibility
141.(1) The original owner must take out and maintain, for the body 19
corporate, the policies of insurance required under the following sections for 20
the first year after registration of the plan-- 21
· section 137 (Insurance of lots and common property) 22
· section 138 (Insurance where buildings and improvements in 23
group titles scheme mutually dependent for support on party 24
wall) 25
· section 140 (Public risk insurance). 26
Maximum penalty--150 penalty units. 27
(2) If the original owner fails to take out the insurance required under 28
subsection (1), the body corporate may recover the cost of taking out the 29
necessary insurance as a debt owing to the body corporate by the original 30
owner. 31
s 142 97 s 143
Building Units and Group Titles
(3) This section does not prevent the original owner from recouping the 1
cost of the insurance for the balance of the period for which it was taken out 2
from purchasers of the lots under the agreements for purchase. 3
insurance 4
Further
142.(1) If a body corporate is required by the Workers' Compensation 5
Act 1990 or another law to have insurance, the body corporate must take 6
out, and maintain, the necessary policies of insurance. 7
(2) A body corporate may insure against loss from dishonesty, 8
negligence or other wrongful conduct. 9
(3) The body corporate may insure against risks for which it is not 10
required to insure under this Part or another law. 11
12
Mortgagees
143.(1) An insurer must, on application by a mortgagee of a lot, note the 13
mortgagee's interest on an insurance policy about the lot taken out by the 14
body corporate under this Part. 15
(2) If the mortgagee's interest is noted on the insurance policy, any claim 16
the owner has to an amount payable under the policy is subordinated to the 17
mortgagee's claim to have the mortgage debt discharged. 18
(3) However, the mortgagee is not entitled to the amount if it is to be 19
applied by the body corporate to the repair, reinstatement or replacement of 20
damaged property.30 21
(4) The owner of a lot may take out a policy of insurance insuring a 22
mortgagee against damage to the lot. 23
(5) If a policy of insurance is taken out under subsection (4)-- 24
(a) a payment to be made under the policy for damage to the lot must 25
be made to the mortgagee whose interest is noted in the policy; 26
and 27
(b) if there are 2 or more mortgagees whose interests are noted in the 28
policy--they are to be paid in order of priority; and 29
30 See section 145 (Use of insurance money).
s 144 98 s 145
Building Units and Group Titles
(c) if the amount paid to a mortgagee is enough to discharge the 1
mortgage debt--the insurer is entitled to a transfer of the 2
mortgage and, if not, the insurer is subrogated to the rights of the 3
mortgagee under the mortgage to the extent of the payment; and 4
(d) the policy affects the liability of an insurer under another 5
insurance policy for the same property only if the other policy is 6
of the same type. 7
by owners 8
Insurance
144. If the owner of a lot in a building units scheme takes out insurance 9
insuring the owner or a mortgagee against damage to or destruction of a 10
building or improvement on the lot, the amount payable under the policy 11
must not be taken into account in deciding the amount payable under an 12
insurance policy for the same property taken out by the body corporate 13
under this Part. 14
15
Example--
16
The owner of a lot might, on having kitchen renovations carried out, have the
17
improvements insured to make sure they are adequately insured to their full
18
replacement value even though the building is covered by an insurance policy taken
19
out by the body corporate. If the improvements are damaged or destroyed, the
20
insurance payable under the body corporate's policy might be taken into account in
21
deciding the amount of the insurance payable under the owner's policy, but the
22
amount payable under the owner's policy could not be taken into account to reduce
23
the amount payable under the body corporate's policy.
of insurance money 24
Use
145.(1) If a body corporate receives an amount of insurance money for 25
damage to property (other than an amount paid under a voluntary group 26
titles insurance scheme), the body corporate must apply the amount as soon 27
as practicable to the repair, reinstatement or replacement of the damaged 28
property. 29
(2) However, the amount must not be applied to the repair, reinstatement 30
or replacement of the property if the work would, apart from this section, be 31
unlawful. 32
s 146 99 s 147
Building Units and Group Titles
(3) If, because of the damage, the plan is to be completely or partly 1
extinguished, and an order of the Court under this Act, or a unanimous 2
resolution of the body corporate, requires the application of the amount for a 3
purpose other than the repair, reinstatement or replacement of the damaged 4
property, the amount must be applied as follows-- 5
(a) first, the amount must be applied towards the discharge of 6
mortgages noted on the insurance policy (but the amount applied 7
towards mortgages over a particular lot cannot be more than the 8
proportion of the total insurance money attributable to the lot); 9
(b) the balance of the amount must be applied as required by the 10
order or resolution. 11
(4) If the body corporate receives an amount of insurance money for 12
damage to property under a voluntary group titles insurance scheme, the 13
amount must be paid, subject to the prior claim of a mortgagee whose 14
interest is noted on the insurance policy, to the owner of the damaged 15
property to which the payment relates. 16
ART 10--VALUATION, RATING AND TAXING 17
P
lot is to be regarded for rating or taxing purposes 18
How
146. Each lot is a separate lot or piece of land for a law imposing rates, 19
taxes, levies or charges on land. 20
21
Valuation
147.(1) The chief executive (valuations) is not required to value lots 22
separately but may value the parcel as an undivided whole and as if it were 23
owned by a single owner. 24
(2) For the valuation, and objection and appeal against the valuation, the 25
body corporate is taken to be the owner of the parcel and must be shown in 26
the valuation as the owner. 27
s 148 100 s 149
Building Units and Group Titles
levies and charges 1
Rates,
148.(1) Rates, levies and charges payable to a local government based on 2
the unimproved value of land subject to the rate, levy or charge are to be 3
based, for a lot, on an unimproved value worked out by apportioning the 4
unimproved value of the parcel between the lots in proportion to the lot 5
entitlement of each lot. 6
(2) The body corporate is not liable for a rate, levy or charge on the 7
common property based on the unimproved value of land. 8
(3) However, the body corporate is liable for charges for water, gas, 9
sewerage, cleansing and other services supplied to the common property. 10
11
Example--
12
The body corporate is liable for charges made by the local government for water
13
supplied for gardens or a swimming pool on the common property.
(4) The body corporate may, by arrangement with the local government, 14
take on liability for owners or occupiers of lots for services supplied by the 15
local government for the benefit of owners or occupiers. 16
(5) If an arrangement is in force under subsection (4)-- 17
(a) the body corporate must satisfy the liability out of the owners' 18
contributions under this Act; and 19
(b) the local government cannot separately charge the owners or 20
occupiers for services to which the arrangement relates. 21
of amendment on liability to rates 22
Effect
149. If a liability to pay rates, levies or charges on a lot arises and, before 23
the amount of the liability is paid, the registered plan is changed so that the 24
lot or part of the lot is incorporated with another lot or common property, 25
the liability is enforceable against the person who was the owner of the lot 26
when the liability arose and-- 27
(a) if the lot or part of the lot is incorporated with another lot--the 28
owner of the other lot; and 29
(b) if the lot or part of the lot is incorporated with common 30
property--the body corporate. 31
s 150 101 s 151
Building Units and Group Titles
of statutory charge 1
Apportionment
150.(1) If a public entity (including a local government) carries out work 2
on common property and a statutory charge would, if the land forming the 3
parcel were a single undivided allotment, be a charge on the land-- 4
(a) the charge attaches to each lot in the proportion the lot entitlement 5
of the lot bears to the total lot entitlement of all lots in the scheme 6
(the "appropriate proportion"); and 7
(b) a lot may be discharged from the charge by payment of the 8
appropriate proportion of the total amount of the charge. 9
(2) However, if the land subject to the charge is included in a staged 10
development scheme, and a development lot has been further subdivided by 11
a secondary plan, the proportion of the charge attributable to the 12
development lot attaches to each lot created by the secondary plan in the 13
proportion the lot entitlement of the lot bears to the total lot entitlement of all 14
lots in the scheme. 15
ART 11--RECORDS 16
P
1--Notices 17
Division
of transfer etc. 18
Notice
151.(1) If-- 19
(a) a person becomes the owner of a lot by transfer, transmission, or 20
in another way; or 21
(b) a leasehold interest in a lot is created by lease or sub-lease for a 22
term of 6 months or more, or a leasehold interest with 6 months 23
or more to run is transferred; or 24
(c) the owner of a lot engages a letting agent or real estate agent to act 25
for the owner; 26
the owner of the lot must give written notice to the body corporate. 27
Maximum penalty--20 penalty units. 28
s 152 102 s 154
Building Units and Group Titles
(2) The notice must contain the information required under the 1
regulations. 2
of intention not to proceed to enforce mortgage 3
Notice
152.(1) If a mortgagee in possession of a lot decides not to enforce the 4
mortgage, the mortgagee must immediately give written notice of the 5
decision to the body corporate. 6
Maximum penalty--20 penalty units. 7
(2) On giving the notice, the mortgagee ceases to be a mortgagee in 8
possession of the lot and is no longer taken to be an owner of the lot. 9
corporate may require information to be given 10
Body
153.(1) This section applies if a body corporate suspects, on reasonable 11
grounds that a person should have, but has not, given a notice under this 12
Division (the "earlier notice"). 13
(2) The body corporate may, by written notice given to the person, 14
require the person to give it, within a stated reasonable time (of at least 15
28 days), a written notice containing the information that-- 16
(a) it reasonably requires to decide whether the person should have 17
given the earlier notice; and 18
(b) if the person should have given the earlier notice--the 19
information required to have been included in the earlier notice. 20
(3) The person must comply with the notice unless the person has a 21
reasonable excuse. 22
Maximum penalty for subsection (3)--20 penalty units. 23
corporate to keep notices 24
Body
154. A body corporate must keep, under the regulations, notices given to 25
it under this Division. 26
s 155 103 s 156
Building Units and Group Titles
Division 2--Records to be maintained 1
2
Roll
155.(1) A body corporate must prepare and keep a roll containing the 3
information required by this section. 4
(2) The roll must contain-- 5
(a) the name and address for service of the original owner as shown 6
on the registered plan; and 7
(b) the lot entitlement of each lot; and 8
(c) the name and address of the current owner of the lot; and 9
(d) if the owners of a lot are joint tenants, a statement to that effect, 10
and, if they are tenants in common, a statement of the 11
proportionate share of each; and 12
(e) if the original owner, or the owner of a lot, is a company--the 13
relevant Australian Company Number. 14
(3) On receipt of written notice under Division 1, the body corporate 15
must enter in the roll the information contained in the notice. 16
(4) If the corporate owner of a lot gives written notice to the body 17
corporate of the appointment of an individual to be its nominee to vote for it 18
at general meetings of the body corporate, or of a change of its nominee, the 19
body corporate must record the name of the nominee, or the new nominee, 20
in the roll. 21
(5) If a staged development scheme is established on the basis that 22
secondary bodies corporate are formed on the registration of secondary 23
plans, the primary body corporate need not include in its roll information 24
about lots into which land included in the scheme has been subdivided by a 25
secondary plan. 26
of assets 27
Register
156. A body corporate must keep a record of all moveable property-- 28
s 157 104 s 159
Building Units and Group Titles
(a) acquired by the body corporate at a cost more than the amount 1
prescribed under the regulations; or 2
(b) acquired by the body corporate by way of gift. 3
of body corporate management and service contracts 4
Register
157.(1) A body corporate must keep a register of body corporate 5
management contracts and service contracts. 6
(2) The register must contain-- 7
(a) the name and address of the body corporate manager or service 8
contractor; and 9
(b) a statement of the duties the body corporate manager or service 10
contractor is required to perform; and 11
(c) a statement of the basis on which the body corporate manager or 12
service contractor is remunerated; and 13
(d) other information required under the regulations. 14
of transactions affecting the common property 15
Register
158.(1) A body corporate must keep a register for recording-- 16
(a) each transaction authorising a service contractor to use a particular 17
part of the common property;31 and 18
(b) each transaction authorising the owner of a lot to make 19
improvements to the common property.32 20
(2) The register must contain the information and materials required 21
under the regulations. 22
of by-laws 23
Register
159.(1) A body corporate must keep a register of its by-laws. 24
31 See section 97 (Use of common property by service contractor).
32 See section 120 (Improvements to common property by owners).
s 160 105 s 160
Building Units and Group Titles
(2) The register must contain-- 1
(a) the text of the by-laws and any amending by-laws; and 2
(b) an up-to-date consolidated text of the by-laws ("consolidated 3
by -laws"). 4
(3) Within 7 days after receiving a written request from a person 5
accompanied by the fee prescribed under the regulations, the body corporate 6
must give the person a copy of the consolidated by-laws. 7
(4) Within 14 days after receiving a written request from an occupier of 8
the lot, the owner of the lot must give the occupier a copy of the 9
consolidated by-laws. 10
(5) A copy of the consolidated by-laws provided by the body corporate 11
or the owner of a lot under this section must be endorsed with the caution 12
required under the regulations. 13
to be kept 14
Documents
160.(1) A body corporate must keep copies of its accounting records and 15
statements of account for each financial year. 16
(2) The body corporate must keep copies of-- 17
(a) notices given in relation to the scheme by a public authority, local 18
government or other local authority; and 19
(b) orders made against the body corporate, or in relation to the 20
scheme, by a judicial or administrative authority. 21
(3) The body corporate must keep a copy of each policy of insurance 22
taken out by it. 23
(4) The body corporate must keep a copy of each management contract 24
and each service contract entered into by it. 25
(5) The body corporate must keep a copy of each agreement between it 26
and the owner of a lot about giving of rights, or the imposing of conditions, 27
under an exclusive use by-law. 28
(6) The body corporate must keep a copy of each agreement under which 29
the body corporate authorises a service contractor to use a particular part of 30
the common property or authorises access to, or use of, the relevant part of 31
the common property by someone else. 32
s 161 106 s 161
Building Units and Group Titles
(7) The body corporate must keep copies of correspondence sent or 1
received by the body corporate. 2
(8) The body corporate must keep-- 3
(a) the minutes of all meetings of its committee and all its general 4
meetings of the body corporate; and 5
(b) other materials related to meetings of the committee or general 6
meetings required under the regulations. 7
(9) Documents required to be kept under this section may be disposed of 8
if authorised under the regulations. 9
to be given to interested persons etc. 10
Information
161.(1) In this section-- 11
"interested person", for a body corporate, means-- 12
(a) the owner, or a mortgagee, of a lot; or 13
(b) a person who has signed a contract to purchase a lot; or 14
(c) another person who satisfies the body corporate that the person 15
has a proper interest in the information sought; or 16
(d) the agent of a person mentioned in paragraph (a), (b) or (c). 17
(2) Within 7 days after receiving a written request from an interested 18
person accompanied by the fee prescribed under the regulations, the body 19
corporate must-- 20
(a) permit the person to inspect the body corporate's records; or 21
(b) give the person a copy of a record kept by the body corporate. 22
(3) However, the body corporate may withhold a record from inspection, 23
and need not give a copy of a record, if-- 24
(a) the record contains defamatory material; or 25
(b) the record contains material privileged from disclosure. 26
(4) The body corporate must, within 7 days after receiving a written 27
request from an interested person accompanied by the fee prescribed under 28
the regulations, issue a certificate certifying-- 29
s 162 107 s 162
Building Units and Group Titles
(a) the amount of the annual contributions (or, if the annual 1
contributions have not yet been fixed at the first annual general 2
meeting, the estimated annual contributions) to be paid by the 3
owner to the body corporate; and 4
(b) whether there is any outstanding liability from the owner of the 5
lot to the body corporate and, if so, the nature and amount of the 6
liability; and 7
(c) the nature and effect of any agreement between the owner and the 8
body corporate; and 9
(d) if there is a body corporate management contract or service 10
contract currently in force--the terms of the contract or the 11
information about the contract required to be included in the 12
register of body corporate management contracts and service 13
contracts,33 and state the estimated cost of the contract to the body 14
corporate and the proportion of the cost to borne by the owner of 15
the lot. 16
(5) A person who obtains a certificate under subsection (4) may rely on 17
the certificate against the body corporate as conclusive evidence of matters 18
stated in the certificate. 19
(6) Within 14 days after receiving a written request, accompanied by the 20
fee prescribed under the regulations, from an interested person who 21
proposes to sell a lot, the body corporate must issue a certificate containing 22
the information available from the body corporate's records required for a 23
vendor's statement under Part 12.34 24
to records 25
Access
162.(1) A body corporate must allow all members of its committee 26
reasonable access (without payment of a fee) to the body corporate's 27
records. 28
33 See section 157(2) (Register of body corporate management and service
contracts).
34 Part 12 (Sale of lots) (see in particular section 163 (Statement to be given by
seller to buyer)).
s 163 108 s 164
Building Units and Group Titles
(2) A body corporate must, if asked by a referee, allow the referee access 1
(without payment of a fee) to the body corporate's records within 24 hours 2
after the request is made. 3
Maximum penalty--20 penalty units. 4
(3) However, the body corporate is not required to allow a person access 5
to records under this section if a legal proceeding between the body 6
corporate and the person have started or are threatened and the records are 7
privileged from disclosure. 8
PART 12--SALE OF LOTS 9
to be given by seller to buyer 10
Statement
163. The seller of a lot or a proposed lot (including the original owner or 11
a mortgagee exercising a power of sale) must give a person who proposes 12
to buy the lot a statement under this section before the intending buyer 13
enters into a contract to buy the lot. 14
of statement 15
Contents
164.(1) A statement under this Part must-- 16
(a) state the names and addresses of the seller and intending buyer; 17
and 18
(b) identify the lot or proposed lot and, if the owner has, or may 19
acquire, rights over a part of the common property under an 20
exclusive use by-law-- 21
(i) identify the part; and 22
(ii) state the conditions on which the rights have been given or 23
may be acquired; and 24
(c) describe the improvements to the lot and, if the owner of the lot 25
has, or may acquire, rights over improvements on a part of the 26
common property under an exclusive use by-law-- 27
(i) describe the improvements; and 28
s 164 109 s 164
Building Units and Group Titles
(ii) state whether the improvements were carried out with the 1
body corporate's permission and, if so, the conditions on 2
which the improvements were permitted; and 3
(d) state the total number of lots in the scheme (or proposed scheme); 4
and 5
(e) contain, or be accompanied by, particulars of the lot entitlement 6
(or proposed lot entitlement) and the total lot entitlement (or total 7
proposed lot entitlement) of all the lots; and 8
(f) if the original owner is the seller--state whether the body 9
corporate has incurred liabilities that remain unpaid and, if so, 10
include an estimate of the amount of the liabilities; and 11
(g) state the name of the body corporate (or proposed body 12
corporate) and the name and address of the secretary (or, if the 13
body corporate has not yet been formed, the name and address of 14
the person who will be the secretary on formation of the body 15
corporate); and 16
(h) include the body corporate's last budget or, if the body corporate 17
has not yet adopted a budget, a proposed budget for the body 18
corporate's first financial year; and 19
(i) contain, or be accompanied by, the body corporate's consolidated 20
by-laws (or, if the plan has not yet been registered, the proposed 21
by-laws) endorsed with the caution required under the 22
regulations; and 23
(j) state-- 24
(i) whether a proceeding about the lot or common property is 25
currently before a court and, if so, the nature of the 26
proceeding; and 27
(ii) whether an application about the lot or common property is 28
currently before a referee and, if so, the nature of the 29
application; and 30
s 165 110 s 166
Building Units and Group Titles
(iii) whether a referee's order about the relevant scheme has been 1
made under this Act or the former Act within the last 6 years 2
and, if so, the nature and effect of the order;35 and 3
(k) if the scheme has been exempted from particular provisions of 4
this Act--include particulars of the exemption; and 5
(l) include a certificate under section 161(4) issued within the last 6
month and certified under the body corporate's seal.36 7
must be signed and dated 8
Statement
165. A statement under this Part must be signed by the seller, or a person 9
authorised to sign it for the seller, and must include a note of the date it was 10
given to the intending buyer. 11
taken to be included in statement 12
Information
166. A statement under this Part is taken to include information if the 13
statement has attached to it-- 14
(a) a photocopy of the page of a register in which the information is 15
included, certified under the body corporate's seal to be a true 16
copy of the record of the information; or 17
(b) a photocopy of a reply by a referee to an application for 18
information about applications to, and orders made by, referees 19
about the relevant scheme;37or 20
(c) a certificate under section 161(4). 21
35 See section 204 (Referee must give certain information on application).
36 Section 161 (Information to be given to interested persons etc.).
37 See section 204 (Referee must give certain information on application).
s 167 111 s 170
Building Units and Group Titles
and changes of circumstances 1
Inaccuracies
167. If, before settlement of a contract for the purchase of the lot (or 2
proposed lot) the seller becomes aware of an inaccuracy in a statement 3
under this Part, or a change in circumstances to which the statement relates, 4
the seller must give the intending buyer, before settlement, a notice 5
("supplementary notice") correcting the inaccuracy or drawing attention to 6
the change of circumstances. 7
etc. to form part of contract 8
Statement
168. A statement under this Part and any material accompanying it form 9
part of the contract to buy the lot (or proposed lot) and, if a supplementary 10
notice is given, the notice also forms part of the contract. 11
may rely on information 12
Buyer
169. A buyer may rely on information given to the buyer under this Part 13
as if the seller had warranted its accuracy. 14
of contract for noncompliance with Part 15
Avoidance
170.(1) A person who enters into a contract to buy a lot or proposed lot 16
may, by giving notice of avoidance to the seller, avoid the contract if the 17
person is materially prejudiced by the seller's failure to comply with this 18
Part. 19
(2) In deciding whether the buyer has been materially prejudiced by the 20
seller's failure to comply with this Part, the buyer must be taken to have 21
been aware before the date of settlement of information given to the buyer 22
or the buyer's agent by or for the seller before the day of settlement. 23
(3) The notice of avoidance must be given within 30 days after the buyer 24
(or the buyer's agent) becomes aware of the failure. 25
(4) A contract to buy a lot or proposed lot from the original owner may 26
be avoided even though it is an executed contract, but the right to avoid the 27
contract is lost if notice of avoidance is not given within 6 months after title 28
to the lot passes to the buyer under the contract. 29
s 171 112 s 173
Building Units and Group Titles
of avoidance 1
Consequences
171.(1) If a contract is avoided under this Part, the seller must repay to 2
the buyer any amount paid for or towards the purchase of the lot. 3
(2) If an executed contract is avoided and title to the lot has been 4
transferred under the contract from the original owner to the buyer, the 5
buyer must take the necessary steps to re-transfer the title to the original 6
owner on receiving repayment of the purchase money. 7
(3) The original owner is liable for the reasonable costs of the transfer. 8
on powers of attorney in favour of original owner 9
Restriction
172.(1) If a person who buys a lot from the original owner gives the 10
original owner a power of attorney to act for the buyer, the power may only 11
be exercised in a way, and for purposes, disclosed in a written statement 12
given to the buyer before the power is given. 13
(2) The statement must include a detailed description of the 14
circumstances in which the power may be exercised. 15
PART 13--EXEMPTIONS 16
17
Exemptions
173.(1) A body corporate may, by unanimous resolution-- 18
(a) exempt the community titles scheme from the operation of 19
particular provisions of the Act; or 20
(b) vary or revoke a previous exemption under this section. 21
(2) A resolution under this section may only relate to provisions 22
identified under the regulations as provisions from which a community 23
titles scheme may be exempted under this section. 24
(3) If 1 or more of the owners are absentee owners, a resolution may 25
only be passed under this section if a referee is satisfied the resolution is in 26
the best interests of all owners and authorises it. 27
s 174 113 s 176
Building Units and Group Titles
(4) In this section-- 1
"absentee owner" means an owner who does not live or carry on business 2
on the lot. 3
ART 14--DISPUTES 4
P
1--Referees 5
Division
of referees 6
Appointment
174.(1) A referee is appointed under the Public Service Management and 7
Employment Act 1988. 8
(2) A person may hold the office of referee as well as another position 9
under the Public Service Management and Employment Act 1988. 10
11
Delegation
175.(1) A referee may delegate powers under this Act. 12
(2) However, a delegation may only be made to-- 13
(a) a person who is an officer or employee under the Public Service 14
Management and Employment Act 1988; or 15
(b) a person prescribed under the regulations. 16
of referee 17
Protection
176. In performing official functions, a referee has the same privileges 18
and immunities from liability as a Magistrate exercising the jurisdiction of a 19
Magistrates Court. 20
s 177 114 s 178
Building Units and Group Titles
2--Applications to referee 1
Division
to make application to referee 2
How
177.(1) An application for a referee's order-- 3
(a) must be made in writing to the referee; and 4
(b) must state the nature of the order sought; and 5
(c) must state the name and address of the person against whom the 6
order is sought or who would, if the order were made, be affected 7
by the order (the "affected person"); and 8
(d) must state in detail the grounds on which the order is sought. 9
(2) If the application is for a declaratory or other order affecting the 10
occupiers generally or a particular class of the occupiers, the application 11
may identify the affected persons as the occupiers generally or by reference 12
to the class instead of including their names and addresses. 13
(3) If the application is for an order-- 14
(a) declaring a meeting of the committee or a general meeting of a 15
body corporate void for irregularity; or 16
(b) declaring that a resolution is a valid resolution of a body corporate 17
or its committee; or 18
(c) declaring a resolution of a body corporate or its committee void; 19
the application must be made within 3 months after the meeting (but the 20
referee may, for good reason, extend the time for bringing the application). 21
(4) After receiving an application, the referee may require the applicant to 22
give further information or materials and decline to proceed with the 23
application until the further information or materials are given. 24
(5) The right to make an application to a referee may be limited under the 25
regulations. 26
of application to be given 27
Notice
178.(1) The referee must give written notice of the application to the 28
affected person and the body corporate. 29
s 179 115 s 179
Building Units and Group Titles
(2) The notice must-- 1
(a) include a copy of the application; and 2
(b) invite the affected person, the body corporate and its members to 3
make written submissions or further written submissions to the 4
referee about the application within a stated time. 5
(3) A further submission may only be made by a person who has 6
already made a submission. 7
(4) As soon as practicable after it receives the notice, the body corporate 8
must-- 9
(a) display the notice on its notice board (and keep the notice on 10
display while submissions may be made); and 11
(b) give a copy of the notice to each person whose name appears on 12
the roll as the owner of a lot. 13
(5) If the application is for a declaratory order or other order affecting the 14
occupiers generally or a particular class of the occupiers, the notice given 15
under subsection (4) is adequate notice to the affected persons and the 16
referee need not give written notice to the affected persons individually. 17
(6) The referee may extend the time for making submissions or further 18
submissions by a further notice given in the same way and to the same 19
persons as the original notice. 20
(7) If the referee is satisfied there is a good reason for dispensing with a 21
requirement under this section, the referee may dispense with the 22
requirement on conditions the referee considers appropriate. 23
or withdrawal of application 24
Amendment
179.(1) The applicant may, with the referee's permission, amend the 25
application before or after the referee begins the investigation. 26
(2) The referee has a discretion to give or withhold permission and, if the 27
referee gives permission, the referee may impose conditions. 28
s 180 116 s 181
Building Units and Group Titles
1
Example--
2
If the amendment substantially affects the nature of the application or the remedy
3
sought, the referee may permit the amendment on conditions providing for further
4
written notice of the amended application, on terms decided by the referee, to be
5
given to the affected person and the body corporate and allowing a further
6
opportunity to make written submissions on the amended application.
(3) The application may be withdrawn by the applicant at any time before 7
the application is decided by the referee. 8
of applications and submissions 9
Inspection
180.(1) A referee must, on application by a person with a proper interest 10
in the issues raised by the application-- 11
(a) allow the person to inspect the application, submissions made in 12
response to the application and any further submissions; or 13
(b) give the person copies of the application or submissions. 14
(2) A person has proper interest in inspecting or obtaining copies of an 15
application or submissions if the person is-- 16
(a) the applicant or an affected person; or 17
(b) the body corporate or a member of its committee; or 18
(c) a person who has made a submission on the application. 19
(3) An application under this section must be in writing and accompanied 20
by the fee prescribed under the regulations. 21
Division 3--Investigation by referee 22
by referee 23
Investigation
181.(1) A referee must investigate an application under this Part to decide 24
whether it would be appropriate to make an order on the application. 25
(2) However, the referee may dismiss an application without 26
investigation, or may end an investigation and dismiss the application if it 27
appears that-- 28
s 182 117 s 183
Building Units and Group Titles
(a) the referee does not have jurisdiction to deal with the application; 1
or 2
(b) the application is frivolous, vexatious or misconceived. 3
powers of referee 4
Investigative
182.(1) A referee may-- 5
(a) interview persons the referee considers may be able to help in 6
resolving issues raised by the application; and 7
(b) enter and inspect the common property, and after reasonable 8
notice to an occupier, enter and inspect a lot. 9
(2) An executive member of the body corporate's committee or another 10
person who has access to the body corporate's records must, if asked by a 11
referee, produce records of the body corporate for inspection by the referee, 12
and allow the referee to make copies of the records. 13
Maximum penalty--20 penalty units. 14
(3) A person must not obstruct a referee in the conduct of an 15
investigation. 16
Maximum penalty--20 penalty units. 17
Division 4--Mediation by referee 18
by referee 19
Mediation
183.(1) If an application is made to a referee, the referee may mediate 20
between the parties in an attempt to resolve the issues in dispute by 21
agreement. 22
(2) For the mediation, the referee may-- 23
(a) call a conference of the parties to explore the possibility of 24
resolving issues in dispute by agreement; and 25
(b) propose ways of resolving the issues in dispute. 26
s 184 118 s 184
Building Units and Group Titles
(3) A party may, by agreement with the other parties, be represented at a 1
conference, or in another proceeding in which the referee is acting as a 2
mediator, by a lawyer, body corporate manager or other person but, if 3
agreement is not reached, none of the parties may be represented. 4
(4) If an applicant does not cooperate with the referee in the referee's 5
attempt to resolve the issues in dispute by agreement, the referee may-- 6
(a) refuse to act further on the application until the applicant complies 7
with the referee's requirements; or 8
(b) notify the applicant of a time by which the referee requires the 9
applicant to comply with the referee's requirements and, if the 10
applicant fails to comply, dismiss the application. 11
(5) Evidence of anything said or done during a mediation by a referee is 12
inadmissible in a proceeding if the mediation fails. 13
(6) If the issues in dispute are settled by agreement between the parties, 14
the referee may make an order to give effect to the terms of the agreement. 15
(7) If the issues in dispute are not settled by agreement between the 16
parties, the referee involved in the mediation must refer the application to 17
another referee to resolve the issues in dispute. 18
Division 5--Referee's orders 19
generally 20
Orders
184.(1) A referee may, on application under this Part, make an order 21
(including a declaratory order) to resolve a dispute or complaint about-- 22
(a) a claimed or anticipated contravention of this Act or the by-laws; 23
or 24
(b) the exercise of rights or powers, or the performance of duties, 25
under this Act or the by-laws. 26
(2) An order may require a person to act, or prohibit a person from 27
acting, in a particular way. 28
s 185 119 s 185
Building Units and Group Titles
orders 1
Particular
185. A referee may, for example-- 2
(a) if satisfied a body corporate has unreasonably refused its 3
agreement to a proposal by the owner of a lot to make 4
improvements on, or changes to, the common property--order 5
the body corporate to agree to, or to ratify, the proposal on stated 6
terms; or 7
(b) order a body corporate-- 8
(i) to acquire stated personal property the referee considers 9
necessary for the use or convenience of the owners or 10
occupiers of lots within a stated time; or 11
(ii) not to acquire stated personal property, or to dispose of 12
stated personal property, within a stated time; or 13
(c) order a body corporate to take action under an insurance policy to 14
recover an amount or to have repairs carried out; or 15
(d) if satisfied a contribution, or the way it is to be paid under this 16
Act, is unreasonable--make an order reducing or increasing the 17
contribution to a reasonable amount or providing for its payment 18
in a different way; or 19
(e) if satisfied the applicant has been wrongfully denied access to, or 20
a copy of, information or documents--order the body corporate 21
to give stated information to the applicant, to make particular 22
information available for inspection by the applicant, or to give 23
copies of stated documents to the applicant; or 24
(f) if satisfied an animal is being kept on the common property or a 25
lot contrary to a by-law--order the person in charge of the animal 26
to remove it and keep it away; or 27
(g) if satisfied an animal kept on the common property or a lot under 28
the by-laws is causing a nuisance or a hazard or unduly 29
interfering with the use or enjoyment of a lot or common 30
property by others--order the person in charge of the animal-- 31
(i) to take stated action to remedy the nuisance, hazard or 32
interference; or 33
(ii) to remove the animal and keep it away; or 34
s 185 120 s 185
Building Units and Group Titles
(h) order a body corporate to amend its records in a stated way; or 1
(i) if satisfied a by-law (other than an exclusive use by-law) is, 2
having regard to the interests of all owners and occupiers, 3
oppressive or unreasonable-- 4
(i) make an order repealing the by-law; and 5
(ii) if the by-law amends or repeals an earlier by-law and it is 6
appropriate to restore the earlier by-law--restore the earlier 7
by-law; or 8
(j) if satisfied a by-law is void because of an irregularity or 9
deficiency of power--make an order declaring the by-law void; 10
or 11
(k) declare a meeting of the committee or a general meeting of a body 12
corporate void for irregularity; or 13
(l) make an order declaring void a resolution purportedly passed at a 14
meeting of the committee or a general meeting of a body 15
corporate; or 16
(m) make an order declaring that a resolution purportedly passed at a 17
meeting of the committee or a general meeting of a body 18
corporate is a valid resolution of the committee or the general 19
meeting; or 20
(n) if satisfied the owner of a lot reasonably requires a licence over 21
part of the common property for the proper enjoyment of the lot, 22
and the body corporate has unreasonably refused to grant the 23
licence--order the body corporate to grant a licence to the owner 24
on terms (which may require a payment or periodic payments to 25
the body corporate) over a stated part of the common property; or 26
(o) if satisfied a body corporate has failed to take out insurance 27
required under this Act, or the amount of the insurance is 28
inadequate--order the body corporate to take out insurance or to 29
increase the amount of insurance; or 30
(p) order a body corporate to call a general meeting of its members to 31
deal with stated business or to change the time of the annual 32
general meeting; or 33
s 186 121 s 187
Building Units and Group Titles
(q) order a body corporate to have its accounts, or accounts for a 1
stated period, audited by an auditor nominated in the order or 2
appointed by the body corporate. 3
affecting by-law etc. to be lodged with Registrar 4
Orders
186. If-- 5
(a) a referee makes an order affecting a by-law or granting or 6
affecting a licence; or 7
(b) a court makes an order affecting a by-law or granting or affecting 8
a licence on appeal from a referee; 9
the body corporate must lodge a copy of the order with the Registrar within 10
3 months after the date of the order. 11
orders 12
Interim
187.(1) A referee may make an interim order if satisfied, on reasonable 13
grounds, that an interim order is necessary because of the nature or urgency 14
of the circumstances to which an application relates. 15
16
Examples--
17
1. The referee may stop the body corporate from carrying out work on common
18
property until a complaint about the irregularity of proceedings has been investigated
19
and resolved.
20
2. The referee may stop a general meeting deciding or acting on a particular issue
21
until it has been investigated and resolved.
(2) An interim order may be made even though notice of the application 22
has not been given or the persons affected by the order have not had an 23
opportunity to make submissions about the application. 24
(3) An interim order-- 25
(a) has effect for a period (not longer than 3 months) stated in the 26
order but may be renewed (on the request of the applicant) by the 27
referee until a final order is made; and 28
(b) may be cancelled by a later order made by the referee; and 29
(c) if it does not lapse and is not cancelled earlier--lapses when a 30
final order is made by the referee. 31
s 188 122 s 189
Building Units and Group Titles
(4) However, if an appeal is started against an interim order, the order 1
continues in force until the appeal is decided or withdrawn. 2
to repair damage or pay compensation 3
Order
188.(1) If the referee is satisfied that an applicant for an order has 4
suffered damage to property because of a contravention of this Act or the 5
by-laws, the referee may order the person responsible for the 6
contravention-- 7
(a) to carry out stated repairs, or have stated repairs carried out, to the 8
damaged property; or 9
(b) to pay compensation of an amount fixed by the referee. 10
11
Example--
12
Suppose a water proofing membrane in the roof of a building in a building units
13
scheme leaks and there is damage to wall paper and carpets in a lot. If the
14
membrane is part of the common property and the leak results from a failure on the
15
part of the body corporate to maintain it in good order and condition, a referee could,
16
on application of the lot's owner, order the body corporate to have the damage
17
repaired or to pay appropriate compensation.
(2) The order cannot be made if the cost of carrying out the repairs or the 18
amount of the compensation would be more than a limit prescribed under 19
the regulations. 20
of administrator 21
Appointment
189.(1) On application by an interested person, the referee may make an 22
order appointing an administrator to perform-- 23
(a) obligations of a body corporate, its committee, or a member of its 24
committee under-- 25
(i) this Act or the by-laws; or 26
(ii) an order of a court or referee; or 27
(b) other obligations of a body corporate. 28
(2) The administrator has the powers given to the administrator under the 29
order. 30
s 190 123 s 191
Building Units and Group Titles
(3) Without limiting subsection (2), the power may include power to 1
levy a special contribution against the owners of lots to meet the cost of 2
complying with obligations to which the order relates and the costs of the 3
administration. 4
(4) The order may-- 5
(a) withdraw all or particular stated powers from the body corporate 6
(and any delegate of the body corporate) or from stated officers of 7
the body corporate until the administrator has taken the necessary 8
steps to secure compliance with the obligations; 9
(b) require officers or delegates of the body corporate to take stated 10
action to help the work the administrator is required to perform; 11
(c) fix the administrator's remuneration; 12
(d) empower the administrator to fix a special contribution to be 13
levied under subsection (3). 14
(5) The administrator's remuneration is to be paid out of the funds of the 15
body corporate. 16
(6) This section does not apply to the enforcement of a monetary 17
obligation unless it is a judgment debt. 18
of body corporate's financial year 19
Change
190. On application by a body corporate, a referee may change the body 20
corporate's financial year and the dates when later financial years begin. 21
provisions 22
Ancillary
191.(1) A referee's order may contain ancillary and consequential 23
provisions the referee considers necessary or appropriate. 24
(2) A referee's order may fix the time when the order takes effect, or 25
within which the order must be complied with. 26
(3) If a referee's order does not fix the time when it takes effect, it takes 27
effect when served on the person against whom it is made or, if it is not 28
made against a particular person, when it is served on the body corporate. 29
s 192 124 s 194
Building Units and Group Titles
(4) A referee's order may provide that it is to have effect as a unanimous 1
resolution, resolution without dissent, special resolution or ordinary 2
resolution. 3
on powers of referee 4
Limitation
192. A referee does not have power to resolve a question about title to 5
land. 6
Division 6--Enforcement of orders 7
of order to be given 8
Notice
193.(1) A referee must give a copy of an order made under this Part to-- 9
(a) the applicant; and 10
(b) the body corporate; and 11
(c) the person against whom the order is made; and 12
(d) a person who made a written submission to the referee in 13
response to the referee's invitation. 14
(2) The copy of the order must be certified by the referee as a true copy 15
of the order and must be accompanied by a statement of the referee's 16
reasons for the decision. 17
(3) If the order is a declaratory or other order affecting the occupiers of 18
the lots generally or a particular class of the occupiers, the referee need not 19
give a copy of the order to each affected person individually, but must give 20
notice in a way that ensures, as far as reasonably practicable, it comes to the 21
attention of all occupiers or all members of the class. 22
of orders for payment of amounts 23
Enforcement
194.(1) This section applies if the following are filed with the registrar of 24
a Magistrates Court-- 25
(a) a copy of a referee's order for the payment of an amount, certified 26
by the referee to be a true copy; 27
s 195 125 s 197
Building Units and Group Titles
(b) a sworn statement by the person in whose favour the order is 1
made stating the amount outstanding under the order. 2
(2) The registrar must register the order in the Magistrates Court. 3
(3) The order may be enforced as if it were a judgment of the Magistrates 4
Court in the exercise of its civil jurisdiction. 5
of other orders 6
Enforcement
195. A person who contravenes a referee's order (other than an order for 7
the payment of an amount) commits an offence. 8
Maximum penalty--400 penalty units. 9
7--Appeals from referee 10
Division
to appeal to Magistrates Court 11
Right
196.(1) An interested person who is dissatisfied with a referee's order or 12
decision may appeal against it to a Magistrates Court. 13
(2) However-- 14
(a) if an order reflects the terms of an agreed settlement--an appeal 15
does not lie against the order; and 16
(b) an appeal only lies against an interim order on the ground that the 17
referee acted unreasonably in making the order. 18
to start appeal 19
How
197.(1) An appeal to a Magistrates Court is started by giving to the 20
referee a notice of appeal stating the grounds of the appeal. 21
(2) The appeal must be started within 6 weeks after the date of the 22
referee's order or decision, but the Magistrate's Court may extend the 23
period for starting the appeal on application by a prospective appellant 24
(which may be made ex parte). 25
(3) On receiving the notice of appeal, the referee must send to the 26
registrar of the Magistrates Court-- 27
s 198 126 s 199
Building Units and Group Titles
(a) the notice of appeal; and 1
(b) a copy of the referee's order or decision, the referee's reasons, 2
and other materials in the referee's possession relevant to the 3
order or decision. 4
(4) The registrar of the Magistrates Court must give a copy of the notice 5
of appeal to-- 6
(a) the appellant; and 7
(b) the body corporate, if the body corporate is not the appellant; and 8
(c) any person required by the order to do, or refrain from doing, a 9
particular act; and 10
(d) any other person who made a written submission to the referee 11
on the application. 12
of operation of orders and decisions 13
Stay
198.(1) The referee or Magistrates Court may stay the order or decision 14
appealed against to secure the effectiveness of the appeal. 15
(2) A stay-- 16
(a) may be given on conditions the referee or Court considers 17
appropriate; and 18
(b) operates for the period stated by the referee or Court; and 19
(c) may be revoked or amended by-- 20
(i) if given by the referee--the referee or the Court; and 21
(ii) if given by the Court--the Court. 22
(3) The period of a stay cannot extend past the time the Court decides the 23
appeal. 24
(4) The starting of an appeal affects an order or decision, or the carrying 25
out of an order or decision, only if the order or decision is stayed. 26
procedures 27
Hearing
199.(1) An appeal is by way of rehearing, unaffected by the order or 28
decision appealed against. 29
s 200 127 s 201
Building Units and Group Titles
(2) The Magistrates Court is not bound by the rules of evidence on an 1
appeal and, subject to the requirements of natural justice-- 2
(a) may inform itself as it considers appropriate; and 3
(b) must conduct the hearing with a minimum of formality. 4
(3) A party to an appeal may appear personally or by a lawyer or 5
representative authorised in writing to represent the party on the appeal. 6
(4) The procedure for an appeal to the Magistrates Court is (to the extent 7
it is not dealt with in this Division) to be in accordance with-- 8
(a) the rules under the Magistrates Courts Act 1921; or 9
(b) in the absence of relevant rules, directions of the Court. 10
of Magistrates Court on appeal 11
Powers
200.(1) In deciding an appeal, a Magistrates Court may-- 12
(a) confirm or amend the order or decision under appeal; or 13
(b) set aside the order and substitute another order or decision. 14
(2) The Court may amend or substitute an order or decision only if the 15
referee would have had jurisdiction to make the amended or substituted 16
order or decision. 17
(3) The Court cannot make an order for the costs of an appeal. 18
8--Appeals from Magistrates Court 19
Division
to District Court on questions of law only 20
Appeal
201.(1) An interested person who is dissatisfied with a decision of a 21
Magistrates Court under this Part may appeal to a District Court, but only 22
on a question of law. 23
(2) An appeal must be started within 6 weeks after the date of the 24
decision of the Magistrates Court. 25
s 202 128 s 203
Building Units and Group Titles
Division 9--Miscellaneous 1
or misleading information 2
False
202.(1) A person must not-- 3
(a) state anything to a referee the person knows is false or misleading 4
in a material particular; or 5
(b) omit from a statement made to a referee anything without which 6
the statement is, to the person's knowledge, misleading in a 7
material particular. 8
Maximum penalty-- 9
(a) if the statement is made in, or in support of, an application for an 10
interim order--60 penalty units; 11
(b) in other cases--40 penalty units. 12
(2) It is enough for a complaint against a person for an offence against 13
subsection (1)(a) or (b) to state that the statement made was false or 14
misleading to the person's knowledge. 15
or misleading documents 16
False
203.(1) A person must not give a referee a document containing 17
information the person knows is false, misleading or incomplete in a 18
material particular. 19
Maximum penalty-- 20
(a) if the document was given in, or in support of, an application for 21
an interim order--60 penalty units; or 22
(b) in other cases--40 penalty units. 23
(2) Subsection (1) does not apply to a person who, when giving the 24
document-- 25
(a) informs the referee, to the best of the person's ability, how it is 26
false, misleading or incomplete; and 27
(b) if the person has, or can reasonably obtain, the correct 28
information--gives the correct information to the referee. 29
s 204 129 s 206
Building Units and Group Titles
(3) If is enough for a complaint against a person for an offence against 1
subsection (1) to state that the document was false, misleading or 2
incomplete to the person's knowledge. 3
must give certain information on application 4
Referee
204. On receiving a written application accompanied by the fee 5
prescribed under the regulations, a referee must inform the applicant in 6
writing-- 7
(a) whether a referee's order has been made within the previous 8
6 years under this Part or a corresponding previous law about a 9
particular community titles scheme and, if so, the nature and 10
effect of the order; and 11
(b) whether there is an undisposed application about a particular 12
community titles scheme and, if so, the nature of the application. 13
Court in which proceeding lies 14
Magistrates
205. A proceeding under this Part for enforcement of a referee's order, 15
or by way of appeal, must be taken in the Magistrates Court for the 16
Magistrates Court district in which the parcel of the relevant scheme is 17
situated. 18
19
Rules
206. The power under the Magistrates Courts Act 1921 to make rules for 20
the Magistrates Courts includes power to make rules for-- 21
(a) the registration of a referee's order in a Magistrates Court and its 22
enforcement as an order of the Court; and 23
(b) appeals to a Magistrates Court under this Part. 24
s 207 130 s 208
Building Units and Group Titles
PART 15--MISCELLANEOUS 1
2
Associates
207.(1) A person is associated with someone else if-- 3
(a) a relationship of a type to which this section applies exists 4
between them; or 5
(b) a series of relationships of a type to which this section applies can 6
be traced between them through another person or other persons. 7
(2) This section applies to relationships of the following types-- 8
(a) marriage or de facto relationship; 9
(b) the relationship of ascendant and descendant (including the 10
relationship of parent and child) or the relationship of persons 11
who have a parent or grandparent in common; 12
(c) partnership; 13
(d) the relationship of employer and employee; 14
(e) a fiduciary relationship; 15
(f) the relationship of persons, 1 of whom is accustomed or under an 16
obligation (whether formal or informal) to act in accordance with 17
the directions, instructions or wishes of the other; 18
(g) the relationship of a company and executive officer of the 19
company; 20
(h) the relationship of company and a person who is in a position to 21
control or substantially influence the company's conduct. 22
of persons dealing with body corporate 23
Protection
208. If a person, honestly and without actual notice of an irregularity, 24
enters into a transaction with a member of a body corporate's committee or 25
a person who has apparent authority to bind a body corporate, the 26
transaction is valid and binding on the body corporate. 27
s 209 131 s 212
Building Units and Group Titles
corporate to be taken to be owner of parcel for certain Acts etc. 1
Body
209.(1) The body corporate is taken to be the owner of the parcel for the 2
following Acts-- 3
· Dividing Fences Act 1953 4
· Land Act 1962. 5
(2) However, for the Dividing Fences Act 1953 the owners of adjoining 6
lots are taken to be the owners of adjoining land. 7
proceedings 8
Legal
210.(1) A body corporate may start a proceeding in a court only if the 9
proceeding is authorised by special resolution. 10
(2) However, a body corporate does not need a special resolution to-- 11
(a) bring a proceeding for the recovery of a liquidated debt against the 12
owner of a lot; or 13
(b) bring a proceeding under this Act to a District Court, other than 14
an appeal against a referee's order; or 15
(c) bring a counterclaim, third-party proceeding or other proceeding, 16
in a proceeding to which the body corporate is already a party. 17
in planning proceedings 18
Representation
211.(1) A body corporate may represent the owners of lots in a 19
proceeding under the Local Government (Planning and Environment) Act 20
1990. 21
(2) However, this section does not prevent an owner who wants to be 22
separately represented in the proceeding from exercising a right to be 23
separately represented. 24
of owners to judgment debts of body corporate 25
Liability
212.(1) In a proceeding by or against a body corporate, a court may order 26
that an amount payable under a judgment or order against the body 27
corporate be paid by the owners of particular lots in proportions fixed by the 28
court. 29
s 213 132 s 216
Building Units and Group Titles
(2) If an order is sought under subsection (1) against the owner of a lot 1
who is not a party to the proceeding, the owner must be joined as a party. 2
of legal process etc. 3
Service
213.(1) A notice, legal process or other document is served personally on 4
a body corporate if served personally on the secretary or, in the absence of 5
the secretary, another member of the committee of the body corporate. 6
(2) The address for service of a body corporate is the body corporate's 7
address as shown in the relevant registered plan. 8
(3) The address for service of the owner of a lot is the owner's address 9
as recorded in the body corporate's roll or, if no address is recorded, the 10
address of the lot. 11
(4) The address for service of the original owner is the original owner's 12
address as shown in the relevant registered plan.38 13
of statutory powers of entry 14
Exercise
214. A person proposing to exercise a statutory power to enter or remain 15
on land or premises in relation to a lot may also enter or remain on the 16
common property in exercising the power. 17
of contracting out 18
Prevention
215. A person cannot waive, or limit the exercise of, rights under this 19
Act. 20
of Supreme Court in proceedings under this Act 21
Procedures
216.(1) An application to the Supreme Court under this Act must, 22
subject to the rules of the Supreme Court, be made by summons. 23
(2) An application under this Act must be heard by the Supreme Court 24
sitting in chambers unless the Court directs that the hearing be in open 25
court. 26
38 Section 39 of the Acts Interpretation Act 1954 also makes provision for service.
s 217 133 s 221
Building Units and Group Titles
(3) The Supreme Court may make orders about the service of process 1
and the notice to be given of applications. 2
3
Examples--
4
1 The Court may order that notice of an application be given by advertisement or
5
in another specified way.
6
2. The Court may make an order dispensing with service of an application.
(4) The power to make rules of the Supreme Court includes power to 7
make rules about the practice and procedure of the Court in proceedings 8
under this Act. 9
10
Fees
217.(1) The fees prescribed under the regulations are payable under this 11
Act. 12
(2) A referee may, for proper reason, remit a fee payable on an 13
application to the referee under this Act. 14
executive may approve forms 15
Chief
218. The chief executive may approve forms for use under this Act. 16
to body corporate managers and service contractors 17
References
219. In this Act, a reference to a person as a body corporate manager or 18
service contractor includes a reference to the person's personal 19
representatives, successors and assignees. 20
21
Facsimile
220. For this Act, a facsimile must show the details of transmission. 22
making power 23
Regulation
221.(1) The Governor in Council may make regulations under this Act. 24
(2) A regulation may impose a penalty of not more than 20 penalty units 25
for an offence against a regulation. 26
s 223 134 s 223
Building Units and Group Titles
PART 16--TRANSITIONAL PROVISIONS 1
arrangements to continue 2
Certain
222.(1) If-- 3
(a) a written agreement or arrangement was made before the 4
commencement; and 5
(b) the agreement or arrangement is a prescribed arrangement within 6
the meaning of the former Act; 7
the provisions of the former Act about prescribed arrangements continue to 8
apply, and this Act does not apply, to the agreement or arrangement until it 9
expires, is terminated or is amended. 10
(2) However, the provisions of this Act, and not the former Act, apply to 11
a body corporate management contract, service contract or contract 12
engaging a letting agent entered into on or after 24 October 1994 unless 13
subsection (3) applies to the contract. 14
(3) Despite subsection (2), if-- 15
(a) a written agreement or arrangement was made before the 16
commencement; and 17
(b) the agreement or arrangement was made in contemplation of the 18
registration of a plan; and 19
(c) the agreement or arrangement was disclosed in a contract between 20
the original owner and a prospective buyer of a lot (who is not an 21
associate of the original owner) before the commencement; and 22
(d) if the plan had been registered under the former Act--the 23
agreement or arrangement would have been a prescribed 24
arrangement within the meaning of the former Act; and 25
(e) the plan is registered and the agreement or arrangement takes 26
effect within 3 years after the commencement; 27
the provisions of the former Act apply or continue to apply, and this Act 28
does not apply, to the agreement or arrangement. 29
s 223 135 s 223
Building Units and Group Titles
(4) The provisions of the former Act about prescribed arrangements 1
continue to apply under this section with any changes prescribed under the 2
regulations. 3
of existing community titles schemes etc. 4
Saving
223.(1) A plan registered under the former Act is taken to be a plan 5
registered under this Act. 6
(2) A body corporate formed under the former Act is taken to be, 7
without change to its corporate identity or its corporate name, a body 8
corporate under this Act. 9
(3) If a plan was lodged for registration under the former Act, 10
proceedings for registration of the plan continue under the provisions of the 11
former Act. 12
(4) A name reserved under the former Act is taken to be a name reserved 13
under this Act as if this Act had been in operation when the reservation was 14
made. 15
(5) A person holding office as the chairperson, secretary, treasurer or a 16
member of the committee of a body corporate immediately before the 17
commencement continues, subject to this Act, in the corresponding office 18
under this Act as if elected or appointed to the office under this Act. 19
(6) A procedural step taken towards the calling of a general meeting of a 20
body corporate or a meeting of its committee before the commencement is 21
validly taken if it is in accordance with the law then in force. 22
(7) Subsections (5) and (6) and this subsection expire 2 years after 23
commencement. 24
(8) If an original owner entered into a contract before the commencement 25
for the sale of a proposed lot, sections 49 and 49A of the former Act apply 26
to the contract even though the lot is not created until a plan is registered 27
after the commencement. 28
s 224 136 s 224
Building Units and Group Titles
(9) If a disclosure of information was made to the prospective buyer of a 1
lot before the commencement under section 40 of the former Act, the 2
owner of the lot (if not the original owner) is not required to disclose 3
information under Part 12.39 4
(10) A body corporate is taken to have had power on and from 5
4 May 1994 to enter into a contract engaging a letting agent. 6
(11) Subsections (3) to (10) are laws to which section 20A of the Acts 7
Interpretation Act 1954 applies. 8
(12) Subsections (3), (4), (8) to (11) and this subsection expire 5 years 9
after commencement. 10
of by-laws 11
Saving
224.(1) In this section-- 12
"statutory by-law" means a by-law set out in Schedule 3 to the Building 13
Units and Group Titles Act 1980 or a corresponding previous 14
enactment. 15
(2) If, immediately before the commencement, the by-laws of a body 16
corporate were the statutory by-laws, (and the body corporate had made no 17
by-law for the amendment or repeal of statutory by-laws), the body 18
corporate's by-laws are, on the commencement, taken to be replaced by the 19
by-laws in Schedule 1. 20
(3) If, immediately before the commencement, the by-laws of a body 21
corporate were in part statutory by-laws-- 22
(a) the statutory by-laws are, on the commencement, taken to be 23
replaced by the corresponding by-laws in Schedule 1; and 24
(b) if the body corporate did not have by-laws on a subject covered 25
by the by-laws in Schedule 1--the by-laws in Schedule 1 on the 26
relevant subjects become, on the commencement, by-laws of the 27
body corporate. 28
39 Part 12 (Sale of lots).
s 224 137 s 224
Building Units and Group Titles
(4) If-- 1
(a) a by-law had been made by the body corporate itself, and the 2
by-law was in force immediately before the commencement; and 3
(b) the by-law could have been made under this Act if this Act had 4
been in force when the by-law was made; 5
the by-law continues in force (subject to amendment or repeal under this 6
Act) as a by-law of the body corporate. 7
(5) However, if the by-law was made before 1 April 1992 and had not 8
been recorded on the registered plan before the commencement, the body 9
corporate must have the by-law recorded by lodging with the Registrar, 10
before 1 January 1996, a notice of the by-law containing the information 11
required by section 134(1).40 12
(6) If a body corporate fails to have a by-law (other than an exclusive use 13
by-law) recorded as required by subsection (5)-- 14
(a) the by-law expires; and 15
(b) if there is a by-law in Schedule 1 corresponding to the lapsed 16
by-law--the lapsed by-law is replaced by the corresponding 17
by-law in Schedule 1. 18
(7) If a by-law was made within 3 months before the commencement, 19
but was not recorded by the Registrar before the commencement, the 20
by-law may be recorded by the Registrar on application made within 21
3 months after the date of the resolution for making the by-law and-- 22
(a) the by-law commences on the day when it is recorded, or a later 23
day fixed in the by-law, as if it had been made under this Act; but 24
(b) if an application for recording the by-law is not made within the 25
time allowed by this subsection--the by-law expires. 26
(8) Subsections (5) to (7) are laws to which section 20A of the Acts 27
Interpretation Act 1954 applies. 28
(9) Subsections (5) to (8) and this subsection expire 2 years after 29
commencement. 30
40 Section 134(1) (Registration and commencement of by-laws).
s 225 138 s 227
Building Units and Group Titles
of special rights 1
Saving
225. If-- 2
(a) a body corporate had, before the commencement, given rights 3
over a part of the common property to the owner of a lot; and 4
(b) the rights are of a type that could be given by an exclusive use 5
by-law under this Act; 6
the rights are taken to have been given by an exclusive use by-law under 7
this Act. 8
by referee under former Act etc. 9
Investigations
226.(1) This section applies if an investigation or proceeding by or in 10
relation to a referee was started, but not finished, under the former Act. 11
(2) The investigation or proceeding may be finished under this Act as if it 12
had been started under it. 13
(3) The provisions of this Act apply to the investigation or proceeding 14
with any changes prescribed under the regulations. 15
to former Acts 16
References
227. This section applies to references in provisions of Acts enacted 17
before its commencement. 18
(2) A reference to any of the following Acts is taken to be a reference to 19
this Act-- 20
· Building Units Titles Act 1965 21
· Group Titles Act 1973 22
· Building Units and Group Titles Act 1980. 23
s 228 139 s 229
Building Units and Group Titles
ART 17--REPEAL AND AMENDMENTS 1
P
2
Repeal
228. The following Act is repealed-- 3
Building Units and Group Titles Act 1980 No. 42. 4
2 5
Amendments--Sch
229. The Acts mentioned in Schedule 2 are amended. 6
7
140
Building Units and Group Titles
CHEDULE 1 1
¡S
BYLAWS 2
section 132 3
4
Noise
1. The occupier of a lot must not create noise likely to interfere with the 5
peaceful enjoyment of a person lawfully on another lot or the common 6
property. 7
8
Vehicles
2.(1) The occupier of a lot must not, without the body corporate's written 9
approval-- 10
(a) park a motor vehicle, or allow a vehicle to stand, on the common 11
property; or 12
(b) permit an invitee to park a motor vehicle, or allow a vehicle to 13
stand, on the common property. 14
(2) An approval under subsection (1) must state the period for which it is 15
given. 16
(3) However, the body corporate may cancel the approval by giving 7 17
days written notice to the occupier. 18
19
Obstruction
3. The occupier of a lot must not obstruct the lawful use of the common 20
property by someone else. 21
to lawns etc. 22
Damage
4.(1) The occupier of a lot must not, without the body corporate's written 23
approval-- 24
141
Building Units and Group Titles
SCHEDULE 1 (continued)
(a) damage a lawn, garden, tree, shrub, plant or flower on the 1
common property; or 2
(b) use a part of the common property as a garden. 3
(2) An approval under subsection (1) must state the period for which it is 4
given. 5
(3) However, the body corporate may cancel the approval by giving 6
7 days written notice to the occupier. 7
to common property 8
Damage
5.(1) An occupier of a lot must not, without the body corporate's written 9
approval, mark, paint, drive nails, screws or other objects into, or otherwise 10
damage or deface a structure that forms part of the common property. 11
(2) However, an occupier may install-- 12
(a) a locking or safety device to protect the lot against intruders; or 13
(b) a screen to prevent entry of animals or insects; 14
if the device is soundly built and is consistent with the colour, style and 15
materials of the building. 16
(3) The owner of a lot must keep a device installed under subsection (2) 17
in good order and repair. 18
of invitees 19
Behaviour
6. An occupier of a lot must take reasonable steps to ensure that the 20
occupier's invitees do not behave in a way likely to interfere with the 21
peaceful enjoyment of another lot or the common property. 22
of rubbish etc. on the common property 23
Leaving
7. The occupier of a lot must not leave rubbish or other materials on the 24
common property in a way or place likely to interfere with the enjoyment of 25
the common property by someone else. 26
142
Building Units and Group Titles
SCHEDULE 1 (continued)
of lot 1
Appearance
8.(1) The occupier of a lot must not, without the body corporate's written 2
approval, make a change to the external appearance of the lot unless the 3
change is minor and does not detract from the amenity of the lot and its 4
surrounds. 5
(2) The occupier of a lot must not, without the body corporate's written 6
approval-- 7
(a) hang washing, bedding, or other cloth articles; or 8
(b) display a sign, advertisement, placard, banner, pamphlet or 9
similar article; 10
if it is visible from another lot or the common property, or from outside the 11
parcel. 12
of flammable materials 13
Storage
9.(1) The occupier of a lot must not, without the body corporate's written 14
approval, store a flammable substance on the common property. 15
(2) The occupier of a lot must not, without the body corporate's written 16
approval, store a flammable substance on the lot unless the substance is 17
used or intended for use for domestic purposes. 18
(3) However, this section does not apply to the storage of fuel in-- 19
(a) the fuel tank of a motor vehicle, boat, or internal combustion 20
engine; or 21
(b) a tank kept on a motor vehicle or boat in which the fuel is stored 22
in accordance with the requirements of the law regulating the 23
storage of flammable liquid. 24
disposal 25
Garbage
10.(1) Unless the body corporate provides some other way of garbage 26
disposal, the occupier of a lot must keep a receptacle for garbage in a clean 27
and dry condition and adequately covered on the lot, or on a part of the 28
common property designated by the body corporate for the purpose. 29
143
Building Units and Group Titles
SCHEDULE 1 (continued)
(2) The occupier of a lot must-- 1
(a) comply with all local government local laws about disposal of 2
garbage; and 3
(b) ensure that the occupier does not, in disposing of garbage, 4
adversely affect the health, hygiene and comfort of the occupiers 5
of other lots. 6
of animals 7
Keeping
11.(1) The occupier of a lot must not, without the body corporate's 8
written approval-- 9
(a) bring an animal onto, or keep an animal on, the lot or the 10
common property; or 11
(b) permit an invitee to bring an animal onto, or keep an animal on, 12
the lot or the common property. 13
(2) The occupier must obtain the body corporate's written approval 14
before bringing, or permitting an invitee to bring, an animal onto the lot or 15
the common property.41 16
17
41 However, section 136 of the Act provides as follows--
`Guide dogs
136.(1) A person is entitled to be accompanied by a guide dog while on a lot or
the common property and, if the person is the owner or an occupier of a lot, is
entitled to keep a guide dog on the lot.
(2) A by-law cannot exclude or restrict a right given by this section.'
The Guide Dogs Act 1972 defines a guide dog as a dog trained at an approved
institution and used as a guide by a blind person or as an aid by a deaf person.
144
Building Units and Group Titles
CHEDULE 2 1
¡S
AMENDMENT OF ACTS 2
section 229 3
UCTIONEERS AND AGENTS ACT 1971 4
´A
1. Section 5(1), definition "land", `a building units plan registered 5
under the Building Units and Group Titles Act 1980'-- 6
omit, insert-- 7
`a plan registered under the Building Units and Group Titles Act 1994'. 8
2. Section 42(2)-- 9
omit, insert-- 10
`(2) If an applicant wants to carry on business as a real estate agent 11
restricted to the letting of lots in a building divided into lots by a plan 12
registered under the Building Units and Group Titles Act 1994 or the South 13
Bank Corporation Act 1989, and in which the applicant resides or will (if 14
granted a licence) reside, the committee must exempt the applicant from the 15
educational and other qualifications prescribed under subsection (1A)(b), 16
and may grant the applicant a licence, if the applicant--1 17
(a) is not ineligible because of the requirements mentioned in 18
subsections (1)(b), (c) and (e) and (1A)(a); and 19
(b) has an office in the building from which the applicant will carry 20
on business if granted a licence, or satisfies the committee that the 21
applicant will have the office before the applicant begins to carry 22
on business; and 23
1 The applicant may, but need not, be a body corporate manager within the
meaning of the Building Units and Group Titles Act 1994 or the South Bank
Corporation Act 1989.
145
Building Units and Group Titles
SCHEDULE 2 (continued)
(c) satisfies the committee that the body corporate (within the 1
meaning of the Building Units and Group Titles Act 1994) 2
approves of the applicant carrying on the business. 3
`(2A) The validity of a licence granted under this section before 4 May 4
19942 cannot be questioned on the ground that an agreement purportedly 5
made between the licensee and the body corporate of a building units 6
scheme before 4 May 1994 2 authorising the licensee to carry on business in 7
a building within the scheme is invalid because the body corporate did not 8
then have power to enter into the agreement.'. 9
IRE SERVICE ACT 1990 10
´F
1. Section 105, definition of "prescribed property"-- 11
omit, insert-- 12
` "prescribed property" means land (whether or not occupied) that is 13
within an urban district and is-- 14
(a) a parcel of land separately held by an owner (other than a parcel 15
divided by a plan under the Building Units and Group Titles Act 16
1994 or a parcel of which a portion is classified by the local 17
government as a separate parcel for this Part); or 18
(b) if the land is divided by a plan under the Building Units and 19
Group Titles Act 1994--a lot created by the division of the land 20
but not the common property; or 21
(c) if portion of a parcel of land separately held by an owner is 22
classified by the local government for the area in which the land is 23
situated as a separate parcel for this Part--the portion of the land 24
classified as a separate parcel; 25
2 This is the date as from which the deficiency of power was rectified (see
section 171(9) of the Building Units and Group Titles Act 1994).
146
Building Units and Group Titles
SCHEDULE 2 (continued)
but does not include land vested in the Corporation of the Under 1
Secretary for Community Services or property prescribed under the 2
regulations.'. 3
NTEGRATED RESORT DEVELOPMENT ACT 1987 4
´I
1. Section 2, definitions "building units plan" and "group titles 5
plan"-- 6
omit. 7
2. Section 2-- 8
insert-- 9
` "building units plan" means a building units plan under the Building 10
Units and Group Titles Act 1994. 11
"group titles plan" means a group titles plan under the Building Units and 12
Group Titles Act 1994. 13
"primary plan" means a primary plan under the Building Units and 14
Group Titles Act 1994.'. 15
3. Sections 47 to 50-- 16
omit, insert-- 17
`Certain plans taken to be primary plans 18
`47. If a group titles plan was registered before the commencement of the 19
Building Units and Group Titles Act 1994, and the plan was accompanied 20
by a statement identifying a lot proposed to be further subdivided by 21
building units plan, the group titles plan is taken to be a primary plan under 22
that Act.'. 23
147
Building Units and Group Titles
SCHEDULE 2 (continued)
4. Section 59-- 1
omit, insert-- 2
`Subdivision of secondary lots within residential precincts 3
`59.(1) A secondary lot within a residential precinct may only be 4
subdivided by a primary plan, building units plan or group titles plan. 5
`(2) However-- 6
(a) for the later registration of a primary plan, building units plan or 7
group titles plan, a secondary lot within a residential precinct may 8
be subdivided by a plan of subdivision, which may include a lot 9
or lots forming a secondary thoroughfare; and 10
(b) the provisions of this Act about the subdivision of initial lots, and 11
the effect of the subdivision of initial lots, apply to a subdivision 12
under paragraph (a) as if a secondary lot subject to the 13
subdivision were an initial lot and each lot created by the 14
subdivision (other than a lot forming a secondary thoroughfare) 15
becomes a secondary lot. 16
`(3) If before the commencement of the Building Units and Group Titles 17
Act 1994, a group titles plan was accompanied by a statement containing a 18
proposal to subdivide a lot by a building units plan, the group titles plan is 19
taken to be a primary plan. 20
`(4) Each lot shown on a primary plan, building units plan or group titles 21
plan must have access to a dedicated road directly or indirectly through-- 22
(a) the primary thoroughfare; or 23
(b) a secondary thoroughfare; or 24
(c) the common property shown on the plan.'. 25
5. Section 62(3)-- 26
omit. 27
148
Building Units and Group Titles
SCHEDULE 2 (continued)
6. Sections 63 to 66-- 1
omit. 2
7. Section 75(2)-- 3
omit, insert-- 4
`(2) Subsection (1) does not affect easements belonging to and affecting 5
lots in a plan created under the Building Units and Group Titles Act 1994.'. 6
8. Section 101, definition of "proprietor"-- 7
omit. 8
9. Section 101-- 9
insert-- 10
` "proprietor" of land means-- 11
(a) the person registered or entitled to immediate registration as the 12
owner of the land under the Land Title Act 1994; or 13
(b) if the land is subdivided by a primary plan, group titles plan or 14
building units plan under the Building Units and Group Titles Act 15
1994-- the body corporate established on registration of the 16
plan.'. 17
10. Section 106(6) to (9)-- 18
omit, insert-- 19
`(6) The Building Units and Group Titles Act 1994 applies as if the 20
primary thoroughfare body corporate were the primary body corporate 21
under a primary plan.'. 22
149
Building Units and Group Titles
SCHEDULE 2 (continued)
11. Section 106(12), `(10) or (11)'-- 1
omit, insert-- 2
`(7) or (8)'. 3
12. Section 106(13), `subsections (6) to (9)'-- 4
omit, insert-- 5
`subsection (6)'. 6
13. Section 106(13), `(10) or (11)'-- 7
omit, insert-- 8
`(7) or (8)'. 9
14. Section 106(14), `(10)'-- 10
omit, insert-- 11
`(7)'. 12
15. Section 106(10) to (14)-- 13
renumber as section 106(7) to (11). 14
16. Section 116(5)-- 15
omit. 16
17. Section 123(12) to (15)-- 17
omit. 18
150
Building Units and Group Titles
SCHEDULE 2 (continued)
18. Section 123(16)-- 1
renumber as section 123(12). 2
19. Section 138, definition "proprietor"-- 3
omit, insert-- 4
` "proprietor" of an initial lot or a secondary lot means-- 5
(a) the person registered or entitled to immediate registration as the 6
owner of the lot under the Land Title Act 1994; or 7
(b) if a secondary lot is subdivided by a primary plan, group titles 8
plan or building units plan under the Building Units and Group 9
Titles Act 1994-- the body corporate established on registration 10
of the plan.'. 11
20. Section 143(6) to (9)-- 12
omit, insert-- 13
`(6) The Building Units and Group Titles Act 1994 applies as if the 14
principal body corporate were the primary body corporate under a primary 15
plan.'. 16
21. Section 143(12), `(10) or (11)'-- 17
omit, insert-- 18
`(7) or (8)'. 19
22. Section 143(13), `subsections (6) to (9)'-- 20
omit, insert-- 21
`subsection (6)'. 22
151
Building Units and Group Titles
SCHEDULE 2 (continued)
23. Section 143(13), `(10) or (11)'-- 1
omit, insert-- 2
`(7) or (8)'. 3
24 Section 143(14), `(10)'-- 4
omit, insert-- 5
`(7)'. 6
25. Section 143(10) to (14)-- 7
renumber as section 144(7) to (11). 8
26. Section 151(5)-- 9
omit. 10
27. Section 158(13) to (16)-- 11
omit. 12
28. Section 176(8)-- 13
omit, insert-- 14
`(8) A by-law made by a body corporate incorporated on registration of a 15
building units plan or group titles plan for land within a residential precinct 16
that is inconsistent with the development control by-laws has, to the extent 17
of the inconsistency, no effect.'. 18
152
Building Units and Group Titles
SCHEDULE 2 (continued)
AND SALES ACT 1984 1
´L
1. Section 6(1), definitions "building units plan", "group titles plan" 2
and "registered lot"-- 3
omit. 4
2. Section 6(1)-- 5
insert-- 6
` "building units plan" means a building units plan under the Building 7
Units and Group Titles Act 1994. 8
"group titles plan" means a group titles plan under the Building Units and 9
Group Titles Act 1994. 10
"registered lot" means a lot shown on a plan registered under the Building 11
Units and Group Titles Act 1994 or South Bank Corporation Act 12
1989.'. 13
3. Section 21(4)-- 14
omit, insert-- 15
`(4) Despite subsection (3), if a prospective seller is required to give a 16
statement under subsection (1) and also under Part 12 of the Building Units 17
and Group Titles Act 1994, the prospective seller may give a single written 18
statement that complies with Part 12 of that Act and includes the particulars 19
mentioned in subsection (1).'. 20
AND TAX ACT 1915 21
´L
1. Section 11B(4)-- 22
omit, insert-- 23
153
Building Units and Group Titles
SCHEDULE 2 (continued)
`(4) In this section, "body corporate", "building units plan", "common 1
property", "group titles plan", "lot", "lot entitlement", "parcel" and 2
"registered plan" have the meanings given by the Building Units and 3
Group Titles Act 1994.'. 4
2. Section 11D(6)-- 5
omit, insert-- 6
`(6) In this section, "lot", "lot entitlement" and "parcel" have the 7
meanings given by the Building Units and Group Titles Act 1994.'. 8
LAND TITLE ACT 1994 9
´
1. Section 4, definition "lot"-- 10
omit. 11
2. Section 4-- 12
insert-- 13
` "lot" means a separate, distinct parcel of land created on-- 14
(a) the registration of a plan of survey; or 15
(b) the recording of particulars of a deed of grant; or 16
(c) the division of land by registration or amendment of a plan under 17
the Building Units and Group Titles Act 1994;'. 18
3. Section 53-- 19
omit. 20
154
Building Units and Group Titles
SCHEDULE 2 (continued)
OCAL GOVERNMENT ACT 1993 1
´L
1. Section 4, definition of "community titles Act"-- 2
omit. 3
2. Section 4-- 4
insert-- 5
` "community titles Act" means-- 6
· the Building Units and Group Titles Act 1994 7
· the Integrated Resort Development Act 1987 8
· the Mixed Use Development Act 1993 9
· another Act prescribed under the regulations.'. 10
OCAL GOVERNMENT (PLANNING AND 11
´L
ENVIRONMENT) ACT 1990 12
1. Section 1.4(1), definitions "access", "adjoining allotment", "owner" 13
and "subdivision"-- 14
omit. 15
2. Section 1.4(1)-- 16
insert-- 17
` "access" means the practical way of entry for persons and vehicles onto 18
an allotment-- 19
(a) from a constructed road adjoining the allotment; or 20
(b) if permitted by a local government under section 5.12--by way 21
of an easement; or 22
155
Building Units and Group Titles
SCHEDULE 2 (continued)
(c) if the allotment is a lot created by registration or amendment of a 1
plan under the Building Units and Group Titles Act 1994--by 2
way of the common property from a constructed road adjoining 3
the parcel. 4
"adjoining allotment", for a particular allotment, means-- 5
(a) an allotment that has a common boundary with the allotment 6
(whether the boundary is measurable or not); or 7
(b) if the allotment has a common boundary with land included in a 8
plan registered under the Building Units and Group Titles Act 9
1994, and is not itself included in the plan--the parcel. 10
"owner", for an allotment, means-- 11
(a) if the allotment is a lot created by registration or amendment of a 12
plan under the Building Units and Group Titles Act 1994--the 13
body corporate; or 14
(b) if the allotment is being purchased from the State for an estate in 15
fee simple under the Land Act 1962 --the purchaser; 16
and includes, in appropriate cases, the State. 17
"parcel", for land included in a plan registered under the Building Units 18
and Group Titles Act 1994, means all of the land included in the plan. 19
"plan of survey" includes a plan under the Building Units and Group 20
Titles Act 1994. 21
"subdivision" means the division of land into parts by way of-- 22
(a) sale, transfer or partition; or 23
(b) an agreement, dealing or instrument (other than a lease for a term 24
of 5 years or less without a right of renewal) under which 25
different parts of the land become immediately available for 26
separate disposition or occupation; or 27
(c) the creation of an indefeasible title under the Land Title Act 1994 28
for a part of the land; or 29
(d) the excision of land from an allotment for dedication to the State; 30
or 31
156
Building Units and Group Titles
SCHEDULE 2 (continued)
(e) the registration of a plan under the Building Units and Group 1
Titles Act 1994; or 2
(f) the amendment of a registered plan under the Building Units and 3
Group Titles Act 1994 that changes the boundaries of a lot or the 4
common property (including an amendment that results in the 5
amalgamation of lots or the amalgamation of a lot with common 6
property); or 7
(g) the sale or a lease (other than a lease for a term of 5 years or less 8
without a right of renewal) of part of the common property 9
included in a plan registered under the Building Units and Group 10
Titles Act 1994 (but no other dealing with the common property 11
authorised under that Act).'. 12
3. Section 1.4(1), definition "adjoining owner", after paragraph (a)-- 13
insert-- 14
`(ab)if the adjoining allotment is the parcel included in a plan registered 15
under the Building Units and Group Titles Act 1994--the body 16
corporate formed on registration of the plan;'. 17
4. Section 1.4(1), definition "allotment", paragraph (b)-- 18
omit, insert-- 19
`(b) a lot created by registration or amendment of a group registered 20
plan under the Building Units and Group Titles Act 1994; or 21
(c) a part of the common property included in a plan registered under 22
the Building Units and Group Titles Act 1994 subject to a lease 23
(other than a lease for a term of 5 years or less without a right of 24
renewal);'. 25
5. Section 5.1(3)(i)-- 26
omit, insert-- 27
157
Building Units and Group Titles
SCHEDULE 2 (continued)
`(i) the length of road frontage to each of the proposed 1
allotments or, if the allotments are to be created by 2
registration or amendment of a plan under the Building 3
Units and Group Titles Act 1994, the length of road frontage 4
to the parcel;'. 5
6. Section 5.8(2)-- 6
omit, insert-- 7
`5.8(2) If there is no planning scheme in force over the land to which an 8
application under section 5.1 relates, a local government must not approve 9
an allotment with an area less than 400m2 unless-- 10
(a) the allotments are created under the Building Units and Group 11
Titles Act 1994; or 12
(b) the allotments are to be transferred to the local government or 13
State or are to be used for public utilities.'. 14
7. Section 5.9-- 15
insert-- 16
`(11) This section does not apply to the staged subdivision of land in a 17
staged development scheme under the Building Units and Group Titles Act 18
1994.'. 19
8. Section 5.11(3)(b)-- 20
omit, insert-- 21
`(b) whether it is proposed to resubdivide the parcel under the 22
Building Units and Group Titles Act 1994;'. 23
9. Section 5.11-- 24
insert-- 25
`(13) This section-- 26
158
Building Units and Group Titles
SCHEDULE 2 (continued)
(a) does not apply to the amalgamation of lots, or lots and common 1
property, under the Building Units and Group Titles Act 1994; 2
but 3
(b) applies to the extinguishment of a plan registered under the 4
Building Units and Group Titles Act 1994 resulting in the 5
formation of a single undivided allotment of 2 or more undivided 6
allotments (but does not apply to the extinguishment of a building 7
units plan under that Act). 8
`(14) If a proposal for the extinguishment of a plan registered under the 9
Building Units and Group Titles Act 1994 would result in the formation of 10
a single undivided allotment, an application for the local government's 11
approval of the proposal must be approved but relevant and appropriate 12
conditions may be imposed under subsection (5).'. 13
10. After section 5.12-- 14
insert-- 15
`Special provisions about subdivision of buildings under the Building 16
Units and Group Titles Act 1994 17
`5.13(1) The local government's approval is not required under this Part 18
for-- 19
(a) the subdivision of land under the Building Units and Group 20
Titles Act 1994 by-- 21
(i) registration of a building units plan; or 22
(ii) amendment of a registered building units plan that does not 23
affect the external boundaries of the parcel; or 24
(b) extinguishment of a registered building units plan. 25
`(2) However, a person proposing the subdivision of land by registration 26
or amendment of a building units plan, or the extinguishment of a building 27
units plan, as mentioned in subsection (1), must submit full details of the 28
proposal to the local government for noting and the local government must 29
issue a certificate certifying that the proposal has been noted. 30
159
Building Units and Group Titles
SCHEDULE 2 (continued)
`(3) If the local government does not issue its certificate within 40 days 1
after the proposal is submitted for noting, the person submitting the 2
proposal may appeal to the Court as if the local government had refused to 3
note the proposal.'. 4
IXED USE DEVELOPMENT ACT 1993 5
´M
1. Section 3, definitions "building units plan" and "group titles 6
plan"-- 7
omit. 8
2. Section 3-- 9
insert-- 10
` "building units plan" means a building units plan under the Building 11
Units and Group Titles Act 1994. 12
"group titles plan" means a group titles plan under the Building Units and 13
Group Titles Act 1994.'. 14
3. Section 4-- 15
omit, insert-- 16
`Words and expressions used in Building Units and Group Titles Act 17
`4. Words and expressions used in the Building Units and Group Titles 18
Act 1994 have the same respective meanings in this Act.'. 19
4. Part 5, Div 5 (ss 7885)-- 20
omit, insert-- 21
`Division 5--Subdivision of community development lot by plans of 22
group subdivision 23
160
Building Units and Group Titles
SCHEDULE 2 (continued)
`Community titles plans 1
`78. If a community development lot created by the registration of-- 2
(a) a community plan; or 3
(b) a community plan of amalgamation; or 4
(c) a community plan of subdivision; 5
cannot be subdivided by a precinct plan under Division 6 or a stratum plan 6
under Part 6, it may be subdivided by a primary plan, building units plan or 7
group titles plan under the Building Units and Group Titles Act 1994.'. 8
5. Part 5, Div 10 (ss 101107)-- 9
omit, insert-- 10
`Division 10--Subdivision of precinct development lot or balance 11
precinct development lot by plans of group subdivision 12
`Subdivision by plans of group subdivision 13
`101.(1) A precinct development lot may be subdivided only-- 14
(a) under Division 8 or 9; or 15
(b) by a primary plan, building units plan or group titles plan under 16
the Building Units and Group Titles Act 1994. 17
`(2) A balance precinct development lot may be subdivided by a primary 18
plan, building units plan or group titles plan under the Building Units and 19
Group Titles Act 1994. 20
`(3) Each lot must have access to a dedicated road directly or through-- 21
(a) the community thoroughfare; or 22
(b) a precinct thoroughfare; or 23
(c) the common property.'. 24
161
Building Units and Group Titles
SCHEDULE 2 (continued)
6. Section 115(2)(a)-- 1
omit, insert-- 2
`(a) easements belonging to and affecting lots under the Building 3
Units and Group Titles Act 1994;'. 4
7. Section 126(3)-- 5
omit, insert-- 6
`(3) This section does not affect an implied easement belonging to and 7
affecting the lots in a building units plan under the Building Units and 8
Group Titles Act 1994.'. 9
8. Section 127(3)-- 10
omit, insert-- 11
`(3) Subsection (2) does not affect an implied easement belonging to and 12
affecting lots in a building units plan under the Building Units and Group 13
Titles Act 1994.'. 14
9. Section 128(2)-- 15
omit, insert-- 16
`(2) Subsection (1) does not affect an implied easement belonging to and 17
affecting the lots in a building units plan under the Building Units and 18
Group Titles Act 1994.'. 19
10. Section 130(2)-- 20
omit, insert-- 21
`(2) The Building Units and Group Titles Act 1994 applies to land 22
subdivided under this section.'. 23
162
Building Units and Group Titles
SCHEDULE 2 (continued)
11. Section 132(4), `Division 7 of Part 4 of the Building Units and 1
Group Titles Act 1980'-- 2
omit, insert-- 3
`Part 10 of the Building Units and Group Titles Act 1994'. 4
12. Section 172(8) to (11)-- 5
omit, insert-- 6
`(8) The Building Units and Group Titles Act 1994 applies, with any 7
changes prescribed under the regulations, to meetings of a body corporate 8
under this section. 9
`(9) The provisions of the Building Units and Group Titles Act 1994, in 10
their application to a meeting of a body corporate under this section, are to 11
be read as if-- 12
(a) a reference to the total lot entitlement of all the lots were a 13
reference to-- 14
(i) for a community body corporate--the total of all voting 15
entitlements stated in the approved scheme; and 16
(ii) for a precinct body corporate--the total of all voting 17
entitlements for the community development lot; and 18
(b) a reference to a body corporate were a reference to a community 19
body corporate or precinct body corporate; and 20
(c) a reference to the by-laws were a reference to the body 21
corporate's by-laws; and 22
(d) a reference to the committee were a reference to the body 23
corporate's executive committee; and 24
(e) a reference to a lot were a reference to a community development 25
lot, precinct development lot or balance precinct development lot; 26
and 27
163
Building Units and Group Titles
SCHEDULE 2 (continued)
(f) a reference to the lot entitlement were a reference to-- 1
(i) for a community body corporate--the voting entitlement of 2
a member; and 3
(ii) for a precinct body corporate--the voting entitlement 4
applying to a precinct development lot or balance precinct 5
development lot; and 6
(g) a reference to the original owner were a reference to-- 7
(i) for a community body corporate--the original applicant; and 8
(ii) for a precinct body corporate--the proprietor of the 9
community development lot; and 10
(h) a reference to an owner were a reference to a proprietor within the 11
meaning given by this Act; and 12
(i) a reference to the roll were a reference to the body corporate roll; 13
and 14
(j) any precinct body corporate were the proprietor of a parcel of land 15
within the site and its voting entitlements were the voting 16
entitlements of the parcel.'. 17
12. Section 172(14), `(11)'-- 18
omit, insert-- 19
`(9)'. 20
13. Section 172(14), `(15)'-- 21
omit, insert-- 22
`(13)'. 23
14. Section 172(17), `(12) or (15)'-- 24
omit, insert-- 25
`(10) or (13)'. 26
164
Building Units and Group Titles
SCHEDULE 2 (continued)
15. Section 172(18), `(17)'-- 1
omit, insert-- 2
`(15)'. 3
16. Section 172(19) and (20), `(13)-- 4
omit, insert-- 5
`(11)'. 6
17. Section 172(12) to (20)-- 7
renumber as section 172(10) to (18). 8
18. Section 185(15)(b)-- 9
omit, insert-- 10
`(b) the provisions of the Building Units and Group Titles Act 1994 11
(as applied by section 172) about the election of the person.'. 12
19. Section 186(7)-- 13
omit, insert-- 14
`(7) For subsection (5), if-- 15
(a) there is no member of the executive committee; or 16
(b) the members of the executive committee-- 17
(i) do not appoint a person to fill the vacancy; and 18
(ii) have not called a meeting of the body corporate to appoint a 19
person to fill the vacancy; 20
165
Building Units and Group Titles
SCHEDULE 2 (continued)
a referee under the Building Units and Group Titles Act 1994 1
may, on application by a member of the body corporate or a 2
mortgagee of a lot, appoint a person to call and hold a meeting of 3
the body corporate within a stated time to appoint persons to fill 4
any vacancies.'. 5
20. Section 186(10)-- 6
omit, insert-- 7
`(10) Without limiting subsection (9), the referee may also give the 8
following directions-- 9
(a) that the person appointed to call a meeting of the body corporate 10
may preside at the meeting and, while the person is presiding, the 11
person is taken to be the chairperson of the body corporate; 12
(b) that notice of the meeting may be given in the way stated in the 13
direction; 14
(even though the direction may be inconsistent with the provisions of the 15
Building Units and Group Titles Act 1994 (as applied by section 172)).'. 16
21. Section 204(3)(b)-- 17
omit, insert-- 18
`(b) a by-law made by a body corporate under the Building Units and 19
Group Titles Act 1994.'. 20
22. Section 210(3)-- 21
omit, insert-- 22
`(3) A development control by-law or activity by-law prevails to the 23
extent of any inconsistency with a by-law made by a body corporate under 24
the Building Units and Group Titles Act 1994.'. 25
166
Building Units and Group Titles
SCHEDULE 2 (continued)
23. Section 219, definitions "common property" and "resolution 1
without dissent"-- 2
omit. 3
24. Section 219-- 4
insert-- 5
` "common property" means the common property created by registration 6
of a plan under the Building Units and Group Titles Act 1994. 7
"resolution without dissent" has the meaning given by the Building Units 8
and Group Titles Act 1994.'. 9
25. Section 221(2)(b)-- 10
omit, insert-- 11
`(b) the Registrar of Titles has recorded the by-law under Part 8 of the 12
Building Units and Group Titles Act 1994.'. 13
26. Section 221(3)(d)-- 14
omit, insert-- 15
`(d) the Building Units and Group Titles Act 1994 applies, with 16
changes prescribed under the regulations, to the restricted 17
property area and the body corporate; and'. 18
27. Section 222-- 19
omit, insert-- 20
`Application of Building Units and Group Titles Act 21
`222. The Building Units and Group Titles Act 1994 applies, subject to 22
this Part, to a redevelopment of Bretts Wharf Hamilton.'. 23
167
Building Units and Group Titles
SCHEDULE 2 (continued)
MORTGAGES (SECONDARY MARKET) ACT 1984 1
´
1. Section 4, definition of "land", paragraph (a)-- 2
omit, insert-- 3
`(a) lots and common property into which land is divided by a plan 4
registered under the Building Units and Group Titles Act 1994, or 5
the corresponding law of another State or a Territory;'. 6
EGISTRATION OF PLANS (H.S.P. (NOMINEES) 7
´R
PTY. LIMITED) ENABLING ACT 1980 8
1. Section 3, `the Building Units and Group Titles Act 1980'-- 9
omit, insert-- 10
`the Building Units and Group Titles Act 1994'. 11
2. Section 4(a)-- 12
omit, insert-- 13
`(a) the terms defined in the Building Units and Group Titles Act 14
1994 have the meanings given by that Act; `. 15
3. Section 4(b), definitions "building", "local government" "lower 16
plan" and "road"-- 17
omit. 18
4. Section 4(b)-- 19
insert-- 20
168
Building Units and Group Titles
SCHEDULE 2 (continued)
` "building" means the building built on parcel 1, or the building built on 1
parcel 2, of which the plans have been approved by the local 2
government. 3
"local government" means the Council of the City of Gold Coast. 4
"road" means a State-controlled road under the Transport Infrastructure 5
Act 1993 or a road within the meaning of the Local Government Act 6
1993.'. 7
5. Section 4(b), definition "lower plan", paragraph (v)(B)-- 8
omit, insert-- 9
`(B) the provisions of the Building Units and Group Titles 10
1994 about building units plans to the extent they are 11
consistent with this Act;'. 12
6. Section 4(b), definition "upper plan", paragraph (v)(B)-- 13
omit, insert-- 14
`(B) the provisions of the Building Units and Group Titles 15
1994 about building units plans to the extent they are 16
consistent with this Act;'. 17
7. Section 5(1)(b)-- 18
omit, insert-- 19
`(b) for a lower plan--have a sheet attached containing a schedule of 20
the easements mentioned in section 7 (including a diagram or 21
diagrams drawn to scale identifying the location and extent of the 22
easements signed by the chief executive officer of the local 23
government and certified by a licensed surveyor under the 24
Surveyors Act 1977).'. 25
169
Building Units and Group Titles
SCHEDULE 2 (continued)
8. Section 5(6), `the Building Units and Group Titles Act 1980'-- 1
omit, insert-- 2
`the Building Units and Group Titles Act 1994'. 3
9. Section 5(7)-- 4
omit, insert-- 5
`(7) On registration of a lower plan, a part of a lot included in the plan 6
may be leased without the local governments's approval.'. 7
10. Section 6-- 8
omit, insert-- 9
`Support and services 10
`6.(1) For parcels 1 and 2, the easements of support implied between the 11
owners of lots under the Building Units and Group Titles Act 1994 are also 12
implied-- 13
(a) in favour of the body corporate of the upper plan and the owners 14
of lots included in the upper plan; and 15
(b) as against the body corporate of the lower plan and the owners of 16
lots included in the lower plan; 17
as if the parcels included in the upper plan and the lower plan were lots in a 18
community titles scheme. 19
`(2) For parcels 1 and 2, the easements (other than easements of support 20
and shelter) implied under the Building Units and Group Titles Act 1994 21
are also implied-- 22
(a) between the bodies corporate of the upper plan and the lower plan 23
as if both parcels were lots in a community titles scheme; and 24
(b) between the owners of lots in both plans as if the lots were 25
included in a single community titles scheme. 26
170
Building Units and Group Titles
SCHEDULE 2 (continued)
`(3) A body corporate or the owner of a lot must not exercise rights 1
given by an easement under this section in a way that unreasonably 2
interferes with the use or enjoyment of a lot or common property by 3
others.'. 4
11. Section 7, `proprietor'-- 5
omit, insert-- 6
`owner'. 7
12. Section 10, `proprietors'-- 8
omit, insert-- 9
`owners'. 10
13. Section 10, `proprietor'-- 11
omit, insert-- 12
`owner'. 13
14. Section 13, `Division 7 of Part IV of the Building Units and Group 14
Titles Act 1980'-- 15
omit, insert-- 16
`Part 10 of the Building Units and Group Titles Act 1994'. 17
15. Section 14-- 18
omit, insert-- 19
`Regulation making power 20
`14. The Governor in Council may make regulations under this Act.'. 21
171
Building Units and Group Titles
SCHEDULE 2 (continued)
EGISTRATION OF PLANS (STAGE 2) (H.S.P. 1
´R
(NOMINEES) PTY. LIMITED) ENABLING ACT 1984 2
1. Section 2, `the Building Units and Group Titles Act 1980'-- 3
omit, insert-- 4
`the Building Units and Group Titles Act 1994'. 5
2. Section 3(a)-- 6
omit, insert-- 7
`(a) the terms defined in the Building Units and Group Titles Act 8
1994 have the meanings given by that Act;'. 9
3. Section 3(b), definitions "building", "local government" and 10
"road"-- 11
omit. 12
4. Section 3(b)-- 13
insert-- 14
` "building" means the building built on parcel 1, or the building built on 15
parcel 2, for which the plans have been approved by the local 16
government. 17
"local government" means the Council of the City of Gold Coast. 18
"road" means a State-controlled road under the Transport Infrastructure 19
Act 1993 or a road within the meaning of the Local Government Act 20
1993.'. 21
5. Section 3(b), definition "lower plan", paragraph (v)(B)-- 22
omit, insert-- 23
172
Building Units and Group Titles
SCHEDULE 2 (continued)
`(B) the provisions of the Building Units and Group Titles 1
1994 about building units plans to the extent they are 2
consistent with this Act;'. 3
6. Section 3(b), definition of "upper plan", paragraph (v)(B)-- 4
omit, insert-- 5
`(B) the provisions of the Building Units and Group Titles 6
1994 about building units plans to the extent they are 7
consistent with this Act;'. 8
7. Section 4(1)(b)-- 9
omit, insert-- 10
`(b) for a lower plan--have a sheet attached containing a schedule of 11
the easements mentioned in section 7 (including a diagram or 12
diagrams drawn to scale identifying the location and extent of the 13
easements signed by the chief executive officer of the local 14
government and certified by a licensed surveyor under the 15
Surveyors Act 1977).'. 16
8. Section 4(5), `the Building Units and Group Titles Act 1980'-- 17
omit, insert-- 18
`the Building Units and Group Titles Act 1994'. 19
9. Section 4(6)-- 20
omit, insert-- 21
`(6) On registration of a lower plan, a part of a lot included in the plan 22
may be leased without the local government's approval.'. 23
173
Building Units and Group Titles
SCHEDULE 2 (continued)
10. Section 5-- 1
omit, insert-- 2
`Support and services 3
`5.(1) The easements of support implied between the owners of lots 4
under the Building Units and Group Titles Act 1994 are also implied-- 5
(a) in favour of the body corporate of the upper plan and the owners 6
of lots included in the upper plan; and 7
(b) as against the body corporate of the lower plan and the owners of 8
lots included in the lower plan; 9
as if the parcels included in the upper plan and the lower plan were lots in a 10
community titles scheme. 11
`(2) For parcels 1 and 2, the easements (other than easements of support 12
and shelter) implied under the Building Units and Group Titles Act 1994 13
are also implied-- 14
(a) between the bodies corporate of the upper plan and the lower plan 15
as if both parcels were lots in a community titles scheme; and 16
(b) between the owners of lots in both plans as if the lots were 17
included in a single community titles scheme. 18
`(3) For-- 19
(a) the upper plan of parcel 3 and the lower plan of parcel 2; and 20
(b) the upper plan of parcel 3 and the lower plan of parcel 1; and 21
(c) the lower plan of parcel 3 and the lower plan of parcel 2; and 22
(d) the lower plan of parcel 3 and the lower plan of parcel 1; 23
the easements (other than easements of support and shelter) implied under 24
the Building Units and Group Titles Act 1994 are also implied as if each of 25
the bodies corporate, and each owner of a lot, were the owner of a lot in a 26
single community titles scheme. 27
`(4) A body corporate or the owner of a lot must not exercise rights 28
given by an easement under this section in a way that unreasonably 29
interferes with the use or enjoyment of a lot or common property by others. 30
174
Building Units and Group Titles
SCHEDULE 2 (continued)
`(5) In this section-- 1
"lower plan of parcel 1" means the lower plan 1 registered under the 2
Registration of Plans (H.S.P. (Nominees) Pty. Limited) Enabling Act 3
1980. 4
"lower plan of parcel 2" means the lower plan 2 registered under the 5
Registration of Plans (H.S.P. (Nominees) Pty. Limited) Enabling Act 6
1980.'. 7
11. Section 6, `proprietor'-- 8
`owner'. 9
12. Section 9, `proprietors'-- 10
omit, insert-- 11
`owners'. 12
13. Section 9, `proprietor'-- 13
omit, insert-- 14
`owner'. 15
14. Section 12, `Division 7 of Part IV of the Building Units and Group 16
Titles Act 1980'-- 17
omit, insert-- 18
`Part 10 of the Building Units and Group Titles Act 1994'. 19
175
Building Units and Group Titles
SCHEDULE 2 (continued)
ETIREMENT VILLAGES ACT 1988 1
´R
1. Section 6, definitions "prescribed period" and "retirement village 2
land"-- 3
omit. 4
2. Section 6-- 5
insert-- 6
` "prescribed period" means-- 7
(a) for a retirement village that is a community titles scheme under 8
the Building Units and Group Titles Act 1994--the financial year 9
of the body corporate established for the scheme under that Act; 10
and 11
(b) for other retirement villages--the period of 1 year ending 12
3 months before the annual meeting is to be held. 13
"retirement village land" means all the land used or to be used for the 14
retirement village and, if the land is divided by a plan under the 15
Building Units and Group Titles Act 1994, the lots and the common 16
property into which the land is divided.'. 17
3. Section 49(1), `Building Units and Group Titles Act 19801988'-- 18
omit, insert-- 19
`Building Units and Group Titles Act 1994'. 20
SANCTUARY COVE RESORT ACT 1985 21
´
1. Section 4, definitions "building units plan", "group titles plan" and 22
"Minister"-- 23
omit. 24
176
Building Units and Group Titles
SCHEDULE 2 (continued)
2. Section 4-- 1
insert-- 2
` "building units plan" means a building units plan under the Building 3
Units and Group Titles Act 1994. 4
"group titles plan" means a group titles plan under the Building Units and 5
Group Titles Act 1994. `. 6
3. Section 14(1B), `the Building Units and Group Titles Act 1980'-- 7
omit, insert-- 8
`the Building Units and Group Titles Act 1994'. 9
4. Section 15(2B), `the Building Units and Group Titles Act 1980'-- 10
omit, insert-- 11
`the Building Units and Group Titles Act 1994'. 12
5. Section 15(2D)-- 13
omit, insert-- 14
`(2D) The lot entitlement of a lot on a group titles plan shown as 15
secondary thoroughfare is zero and the proprietor of the lot is not a member 16
of the body corporate established on registration of the plan.'. 17
6. Section 15(3) to (9)-- 18
omit, insert-- 19
`(3) If, when a group titles plan subdividing a secondary lot within the 20
Harbour, River and Waterfront Residential Zone of the General Residential 21
Zone was submitted to the Albert Shire Council for approval, the plan was 22
accompanied by a statement by or for the proprietor of the secondary lot 23
that it is proposed to subdivide the group title lots to be created by 24
registration of the plan by building units plans, the group titles plan is taken 25
to be a primary plan under the Building Units and Group Titles Act 1994.'. 26
177
Building Units and Group Titles
SCHEDULE 2 (continued)
7. Section 19-- 1
omit, insert-- 2
`Lot entitlements 3
`19.(1) If a secondary lot is subdivided or resubdivided by a building 4
units plan or group titles plan under the Building Units and Group Titles 5
Act 1994, the total lot entitlement of the lots created for residential purposes 6
must not-- 7
(a) be more than the maximum number of lots stated for the 8
secondary lot in the schedule that accompanied the plan of survey 9
under which the secondary lot was created; and 10
(b) must not be less than 90% of the maximum number. 11
`(2) The lot entitlement of lots created by a group titles plan does not 12
need to be related to the unimproved value of the lots.'. 13
8. Section 22, definition "proprietor"-- 14
omit. 15
9. Section 22-- 16
insert-- 17
` "proprietor" of an initial lot or secondary lot means-- 18
(a) the person registered or entitled to immediate registration as the 19
owner of the lot under the Land Title Act 1994; or 20
(b) if a secondary lot is subdivided by primary plan, group titles plan 21
or building units plan under the Building Units and Group Titles 22
Act 1994-- the body corporate established on registration of the 23
plan.'. 24
10. Section 27(5) to (5C)-- 25
omit, insert-- 26
178
Building Units and Group Titles
SCHEDULE 2 (continued)
`(5) The Building Units and Group Titles Act 1994 applies as if the 1
company were the primary body corporate under a primary plan within the 2
meaning of that Act.'. 3
11. Section 33(5)-- 4
omit. 5
12. Section 41(10) to (13)-- 6
omit. 7
13. Section 65, definition "proprietor"-- 8
omit. 9
14. Section 65-- 10
insert-- 11
` "proprietor" of land means-- 12
(a) the person registered or entitled to immediate registration as the 13
owner of the land under the Land Title Act 1994; or 14
(b) if the land is subdivided by primary plan, group titles plan or 15
building units plan under the Building Units and Group Titles Act 16
1994-- the body corporate established on registration of the 17
plan.'. 18
15. Section 70(5) to (5C)-- 19
omit, insert-- 20
`(5) The Building Units and Group Titles Act 1994 applies as if the 21
primary thoroughfare body corporate were the primary body corporate 22
under a primary plan within the meaning of that Act.'. 23
179
Building Units and Group Titles
SCHEDULE 2 (continued)
16. Section 77(5)-- 1
omit. 2
17. Section 85(10) to (13)-- 3
omit. 4
18. Section 95(8)-- 5
omit, insert-- 6
`(8) A by-law made by a body corporate established on registration of a 7
building units plan or group titles plan for land within a residential zone that 8
is inconsistent with the development control by-laws is, to the extent of the 9
inconsistency, of no effect.'. 10
19. Section 96A(7)-- 11
omit, insert-- 12
`(7) A by-law made by a body corporate established on registration of a 13
building units plan or group titles plan for land within a residential zone, or 14
a secondary thoroughfare by-law, that is inconsistent with the residential 15
zone activities by-laws is, to the extent of the inconsistency, of no effect.'. 16
STAMP ACT 1894 17
´
1. Schedule 1, paragraph (4)(b)(xiii) under the heading 18
CONVEYANCE OR TRANSFER, `transferring a lot under a 19
building units plan or a group titles plan registered under the Building 20
Units and Group Titles Act 19801984 where'-- 21
omit, insert-- 22
`transferring a lot created by registration of a plan under the Building 23
Units and Group Titles Act 1994 where'. 24
180
Building Units and Group Titles
SCHEDULE 2 (continued)
TATE HOUSING ACT 1945 1
´S
1. Section 4A-- 2
omit, insert-- 3
`Application of Act to community titles schemes 4
`4A.(1) This Act applies to a community titles scheme under the 5
Building Units and Group Titles Act 1994 in the same way as to other land 6
held in fee simple. 7
`(2) A reference in this Act to "subdivision" or "re-subdivision" of 8
land extends to subdivision or resubdivision of land by registration or 9
amendment of a plan under the Building Units and Group Titles Act 1994.'. 10
2. Section 23B(4), `pursuant to the Building Units and Group Titles Act 11
19801984'-- 12
omit, insert-- 13
`under the Building Units and Group Titles Act 1994'. 14
3. Section 23B(5) `pursuant to the Building Units and Group Titles Act 15
19801984'-- 16
omit, insert-- 17
`under the Building Units and Group Titles Act 1994'. 18
19
181
Building Units and Group Titles
CHEDULE 3 1
¡S
ICTIONARY 2
D
section 3 3
"associate" of a person means someone else with whom the person is 4
associated under section 207. 5
"audit" means an audit by-- 6
(a) a registered company auditor; or 7
(b) a person with qualifications and experience in accountancy 8
approved under the regulations. 9
"body corporate" means the body corporate formed under this Act or the 10
former Act on registration of a plan. 11
"body corporate management contract" see section 90(1). 12
"body corporate manager" of a body corporate means a person (other 13
than an employee of the body corporate) engaged under a contract with 14
the body corporate to supply administrative services for the body 15
corporate, its committee or executive members of its committee. 16
"boundary structure" means a wall, floor or ceiling separating a lot from 17
another lot or common property. 18
"building" includes a fixed structure. 19
"building designer" means a person who holds qualifications in building 20
design prescribed under the regulations. 21
"building officer" of a local government means an employee of the local 22
government-- 23
(a) employed as a building surveyor or building inspector; or 24
(b) performing duties usually performed by a building surveyor or 25
building inspector. 26
182
Building Units and Group Titles
SCHEDULE 3 (continued)
"building units plan" means a plan-- 1
(a) dividing a building shown on the plan into lots and common 2
property; and 3
(b) showing the remainder of the land to which the plan relates as 4
common property; 5
and includes a secondary building units plan. 6
"building units scheme" means the community titles scheme created 7
under this Act on registration of a building units plan. 8
"caretaker" of a body corporate means a person (other than an employee 9
of the body corporate) engaged under a contract with the body 10
corporate for a term of 1 year or more to look after property of the 11
body corporate. 12
"ceiling" does not include a false ceiling. 13
"common property" see section 27. 14
"community titles plan" means a building units plan or group titles plan, 15
and includes a secondary plan and any amendment of a community 16
titles plan. 17
"community titles scheme" means the complex of lots and common 18
property, together with the system of administration and management, 19
created under this Act on registration of a plan. 20
"company" means an incorporated body of any type. 21
"conviction" includes a plea of guilty or a finding of guilt by a court even 22
though a conviction is not recorded. 23
"corporate owner" of a lot means a company that is the owner of a lot. 24
"damage" to property includes destruction of the property. 25
"date for payment" see section 103(c). 26
"de facto relationship" means the relationship between 2 persons who, 27
although they are not married to each other, live in a relationship like 28
the relationship between a married couple. 29
183
Building Units and Group Titles
SCHEDULE 3 (continued)
"development lot" means an area delineated in a primary plan as a 1
development lot and allocated for further subdivision by a secondary 2
plan. 3
"exclusive use by-law" see section 133(1). 4
"executive member" of a body corporate's committee means the 5
chairperson, secretary or treasurer of the body corporate. 6
"executive officer" of a company means a person who is concerned with, 7
or takes part in, the company's management, whether or not the 8
person is a director or the person's position is given the name of 9
executive officer. 10
"executive position" see section 53(7)(a). 11
"financial year" of a body corporate means-- 12
(a) the period from the registration of its plan until the end of the 13
month immediately before the month when the first anniversary 14
of the date of registration falls and each successive period of 1 15
year from the end of the first financial year; or 16
(b) if a referee changes a financial year of the body corporate--the 17
period fixed by the referee as the financial year and each 18
successive period of 1 year from the end of the financial year. 19
"former Act" means the Building Units and Group Titles Act 1980, and 20
includes the Building Units Titles Act 1965 and Group Titles Act 1973. 21
"group titles plan" means a plan (other than a primary plan or a building 22
units plan) dividing land into lots and common property, and includes 23
a secondary group titles plan. 24
"group titles scheme" means the community titles scheme created under 25
this Act on registration of a group titles plan. 26
"guide dog" has the meaning given by the Guide Dogs Act 1972.42 27
"guttering" includes a drainpipe. 28
42 The Guide Dog Act 1972 defines a guide dog as a dog trained at an approved
institution and used as a guide by a blind person or as an aid by a deaf person.
184
Building Units and Group Titles
SCHEDULE 3 (continued)
"improvement" includes-- 1
(a) the erection of a building; and 2
(b) a structural change.43 3
"Land Title Act allotment" means a separate, distinct parcel of land (other 4
than a lot created on registration of a plan under this Act or the former 5
Act) for which indefeasible title exists under the Land Title Act 1994. 6
"leaseback arrangement" means an arrangement under which-- 7
(a) the owners of lots in a community titles scheme (other than the 8
lessee under the arrangement) lease the lots to the original owner 9
or someone else; and 10
(b) all lots in the scheme (apart from lots owned by the lessee under 11
the arrangement) are subject to registrable leases to the lessee 12
under the arrangement. 13
"letting agent" of a body corporate means a person engaged under a 14
contract with the body corporate for a term of 1 year or more to act as 15
the agent of owners of lots, who choose to use the person's services, 16
in securing tenants, negotiating leases, collecting rents and enforcing 17
the leases. 18
"licensed surveyor" means a surveyor registered under the Surveyors Act 19
1977. 20
"lot" means a lot in a registered plan. 21
"maintenance" of property includes renewal or replacement if repair is not 22
reasonably practicable. 23
"major improvement" means any improvement other than a minor 24
improvement. 25
"minor improvement" means an improvement declared under the 26
regulations to be a minor improvement. 27
43 Change includes addition--see section 36 of the Acts Interpretation Act 1954,
definition "change".
185
Building Units and Group Titles
SCHEDULE 3 (continued)
"mortgage" includes a charge on a lot, or an interest in a lot, for securing 1
money or money's worth. 2
"mortgagee in possession" of a lot means a mortgagee who takes steps to 3
enforce a mortgage of the lot and has notified the body corporate of the 4
intention to enforce the mortgage (whether or not the mortgagee has 5
actually gone into possession of the lot), but does not include a 6
mortgagee who has notified the body corporate of a decision not to 7
proceed with enforcement of the mortgage.44 8
"non-recurrent expenditure" means any expenditure other than recurrent 9
expenditure. 10
"obstruct" includes hinder, resist and attempt to obstruct. 11
"occupier" of a lot means-- 12
(a) a resident owner or resident lessee of the lot, or someone else 13
who lives on the lot; or 14
(b) a person who occupies the lot for business purposes or works on 15
the lot in carrying on a business from the lot. 16
"order" includes an order dismissing an application. 17
"ordinary resolution", for a body corporate, means a resolution passed at 18
a general meeting of the body corporate by a simple majority of the 19
votes cast on the motion for the resolution. 20
"original owner" of a parcel means the person registered in the freehold 21
land register as the person entitled to the fee simple interest in the 22
parcel immediately before registration of the plan, and includes a 23
mortgagee in possession of the parcel. 24
"owner" of a lot means the person registered, or entitled to be registered, as 25
the owner of the lot, and includes-- 26
(a) a mortgagee in possession of the lot; and 27
44 See section 152 (Notice of intention not to proceed to enforce mortgage).
186
Building Units and Group Titles
SCHEDULE 3 (continued)
(b) if 2 or more persons are registered, or entitled to be registered, as 1
the owner of the lot--each of the persons.45 2
"parcel" means all of the land included in a plan, and includes a 3
development lot divided by the secondary plan. 4
"party" to a proceeding before a referee means-- 5
(a) the applicant; and 6
(b) the body corporate; and 7
(c) the person against whom an order is sought in the proceeding. 8
"plan" means a community titles plan, and includes a primary plan. 9
"primary common property" means the common property formed when 10
land is divided into development lots and common property by a 11
primary plan. 12
"primary plan" means a plan dividing land into development lots and 13
primary common property, and includes any amendment of a primary 14
plan. 15
"real estate agent" means a real estate agent within the meaning of the 16
Auctioneers and Agents Act 1971. 17
"recurrent expenditure" means expenditure normally made annually or 18
more frequently. 19
"referee" see section 174. 20
"referee's order" includes an order made on appeal from a referee. 21
"registrable lease" means a lease that is capable of registration under the 22
Land Title Act 1994. 23
"Registrar" means the Registrar of Titles. 24
45 Each co-owner is an "owner" of the lot for the purposes of the Act and is
therefore entitled to the rights of ownership (eg. the right to submit motions for
consideration at general meetings of the body corporate) and is liable (jointly
and severally with other owners) for the obligations of ownership (eg. the
obligation to pay contributions to the body corporate). However, certain rights of
ownership (eg. the right to vote at general meetings of the body corporate) are
not multiplied by the existence of 2 or more owners.
187
Building Units and Group Titles
SCHEDULE 3 (continued)
"representative" of the owner of a lot see section 80(2) and (3). 1
"requested general meeting" see section 72(1). 2
"resolution without dissent", for a body corporate, means a resolution 3
passed at a general meeting of the body corporate without dissenting 4
vote. 5
"restricted issue" see section 65(3). 6
"scheme" means a community titles scheme. 7
"secondary building units plan" means a building units plan dividing a 8
building on a development lot created by registration of a primary plan. 9
"secondary common property" means the common property formed 10
when a development lot is divided into lots and common property on 11
registration of a secondary plan. 12
"secondary group titles plan" means a group titles plan dividing a 13
development lot created by registration of a primary plan. 14
"secondary plan" means a secondary building units plan or secondary 15
group titles plan, and includes any amendment of a secondary plan. 16
"service contract" see section 90(2). 17
"service contractor", for a body corporate, means-- 18
(a) a letting agent; or 19
(b) a caretaker; or 20
(c) another type of contractor (other than an employee of the body 21
corporate) engaged under a contract with the body corporate for a 22
term of 1 year or more to supply services for the benefit of the 23
common property or lots. 24
"service infrastructure" means cables, wires, pipes, sewers, drains, ducts, 25
plant and equipment by which the lots or common property are 26
supplied with-- 27
(a) water reticulation or supply; or 28
(b) gas reticulation or supply; or 29
(c) electricity supply; or 30
188
Building Units and Group Titles
SCHEDULE 3 (continued)
(d) air conditioning; or 1
(e) a telephone service; or 2
(f) a computer data or television service; or 3
(g) sewer systems; or 4
(h) drainage; or 5
(i) systems for the removal or disposal of garbage or waste; or 6
(j) other systems or services designed to improve the amenity, or 7
enhance the enjoyment, of the lots or common property. 8
"short lease" has the same meaning as in the Land Title Act 1994. 9
"special resolution", for a body corporate, means a resolution passed at a 10
general meeting of the body corporate if-- 11
(a) the resolution is passed by a simple majority of the votes cast on 12
the motion for the resolution; and 13
(b) the number of votes cast against the motion is not more than 25% 14
of the total number of lots in the scheme; and 15
(c) the votes cast against the motion are for lots representing not 16
more than 25% of the total lot entitlement of all lots in the 17
scheme. 18
"staged development scheme" means the complex of development lots 19
and primary common property, together with the system of 20
administration and management, created under this Act on registration 21
of a primary plan. 22
"unanimous resolution", for a body corporate, means a resolution passed 23
at a general meeting of the body corporate by the unanimous votes of 24
all persons entitled to vote on the motion for the resolution. 25
"voluntary group titles insurance scheme" see section 139(1). 26
"voter" see section 80(1). 27
"wall" includes a door, window or other structure dividing a lot from 28
common property or from another lot. 29
© State of Queensland 1994 30
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