BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Queensland Consolidated Acts

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BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

TABLE OF PROVISIONS

Long Title

Contents

CHAPTER 1--PRELIMINARY

Part 1--Introduction

1. Short title

Part 2--Object and achievement of object

2. Primary object
3. How primary object is to be achieved
4. Secondary objects

Part 3--Interpretation

5. Dictionary
6. Use of certain tags
7. Use of illustrations
8. References

Part 4--Key terms and concepts

Division 1--Community titles scheme

9. Basic concept for Act—community titles scheme
10. Meaning of community titles scheme
11. Meaning of body corporate assets
12. Meaning of community management statement
13. Meaning of original owner
14. Meaning of body corporate manager
15. Meaning of service contractor
16. Meaning of letting agent and letting agent business
17. Meaning of lease-back scheme and lease-back scheme operator

Division 2--Concept of layered arrangement

18. Meaning of layered arrangement of community titles schemes
19. Provisions about lots that are community titles schemes

Division 3--Utility infrastructure

20. Utility infrastructure as common property

Division 4--Regulation modules

21. Meaning of regulation module

CHAPTER 2--BASIC OPERATION OF COMMUNITY TITLES SCHEMES

Part 1--Establishment of community titles schemes

22. Names of community titles schemes
23. Reservation of name
24. Establishment of community titles scheme
25. Changing scheme by new community management statement
26. Changing structure of scheme
27. Establishing structures through combination
28. Enlarging the number of lots through progressive subdivision
29. Notice about change of scheme being developed progressively

Part 2--Bodies corporate

30. Creation of body corporate for community titles scheme
31. Membership of body corporate for community titles scheme
32. Corporations Act does not apply to body corporate
33. Name of body corporate
34. Body corporate's seal

Part 3--Common property

Division 1--General provisions

35. Ownership of common property
36. Rights and responsibilities for common property
37. Creating common property (no new scheme)
38. Creating common property by subdivision (no new scheme)
39. Creating common property from scheme land (new scheme)

Division 2--Body corporate acquisition of, and dealing with, lot included in its own scheme

40. Acquisition for letting agent purposes
41. Lease
42. Prohibition on benefits
43. Effect of ending of authorisation
44. Body corporate interest in lot included in its own scheme

Part 4--Body corporate assets

45. Ownership and enjoyment of body corporate assets

Part 5--Lot entitlements

46. Lot entitlements
47. Application of lot entitlements
48. Adjustment of lot entitlement schedule
49. Criteria for deciding just and equitable circumstances
50. Limited adjustment of lot entitlement schedule—with agreement of owners of 2 or more lots
51. Limited adjustment of lot entitlement schedule—after formal acquisition of part of scheme land

Part 6--Community management statements

52. Recording of community management statement
53. First community management statement
54. Subsequent community management statement
55. Requirements for motion to change community management statement
56. New statements and subsequent plans of subdivision
57. Other matters about new statements for schemes developed progressively
58. Community management statement for higher scheme prevails
59. Taking effect of community management statement
60. Community management statement notation
61. Giving copy of community management statement
62. Body corporate to consent to recording of new statement
63. Responsibility for preparing, and for costs of preparing, new statement
64. New community management statement must be consistent with body corporate's consent
65. Time for lodging request to record new statement
66. Requirements for community management statement

Part 7--Statutory easements

67. Application of pt 7
68. Exercise of rights under statutory easement
69. Ancillary rights and obligations
70. Services location diagrams

Part 8--Reinstatement

71. Application of pt 8
72. Reinstatement process under court approval
73. Variation and substitution of court orders
74. Reinstatement process under resolution without dissent
75. Registration for changes to scheme under approved reinstatement process

Part 9--Termination of community titles schemes

Division 1--Introduction

76. Purpose of pt 9

Division 2--Termination process

77. Application of div 2
78. Termination of schemes
79. Effecting termination of scheme
80. Effect of termination on accrued charge, levy, rate or tax
81. Dissolution of body corporate for terminated scheme

Part 10--Amalgamation of community titles schemes

Division 1--Introduction

82. General principles of amalgamation
83. Community titles schemes that may be amalgamated

Division 2--Amalgamation process

84. Purpose of div 2
85. Approval for amalgamations
86. Effecting amalgamation of community titles schemes
87. Dissolution of bodies corporate on amalgamation
88. Effects of amalgamation of community titles schemes

Part 11--Creation of a layered arrangement from existing basic schemes

Division 1--Introduction

89. General principles of creation of layered arrangement from basic schemes
90. Schemes that may become a layered arrangement

Division 2--Process for creating layered arrangement

91. Agreement or court order for creation of layered arrangement
92. Effecting creation of layered arrangement
93. Effect of creation of layered arrangement

CHAPTER 3--MANAGEMENT OF COMMUNITY TITLES SCHEMES

Part 1--Management structures and arrangements

Division 1--Body corporate's general functions and powers

94. Body corporate's general functions
95. Body corporate's general powers
96. Body corporate must not carry on business
97. No delegation of body corporate's powers

Division 2--Committee for body corporate

98. Application of div 2
99. Composition and election of committee
100. Power of committee to act for body corporate
101. Procedures and powers of committee
101A. Protection of committee members from liability
101B. Code of conduct for committee voting members

Division 3--Proxies

102. Committee members' proxies
103. Proxies for body corporate meetings

Division 4--Body corporate meetings

104. Body corporate meetings
105. Counting of votes for resolution without dissent
106. Counting of votes for special resolution
107. Counting of votes for majority resolution
108. Counting of votes for ordinary resolution if no poll requested
109. Request for poll
110. Counting of votes for ordinary resolution if poll requested
111. Voting other than at general meeting
111A. Protection of body corporate and committee from liability for defamation

Part 2--Body corporate managers, service contractors and letting agents

Division 1--Body corporate manager and service contractor engagements and letting agent authorisations

112. Original owner's obligations about engagements and authorisations
113. No consideration for engagement or authorisation
114. Limitation on benefit to body corporate under service contractor engagement
115. Limitation on benefit to body corporate under letting agent authorisation
116. Letting agent's obligations for letting agent lot
117. Combined engagement and authorisation
118. Code of conduct

Division 2--Performance of powers of body corporate committee and executive members by body corporate manager

119. Schemes for which there is a committee for the body corporate
120. Schemes for which there is no committee for the body corporate
121. Power of body corporate manager to act for body corporate

Division 3--Regulations

122. Regulation module

Division 4--Protection for financier of contract

123. Meaning of financier for div 4
124. Requirement for financier's address for service
125. Notice of changes affecting financed contract
126. Limitation on termination of financed contract
127. Agreements between body corporate and financier prohibited

Division 5--Change of regulation module

128. Change of regulation module

Division 7--Review of terms of service contracts

130. Review of terms of service contracts
131. Purpose of review
132. Procedure for review
133. Disputes arising out of review
134. Review criteria
135. Other provisions about review

Division 8--Required transfer of letting agent's management rights
Subdivision 1--Preliminary

136. Application of div 8
137. Effect of div 8 on other provisions
Subdivision 2--Transfer of management rights
138. Grounds for requiring transfer
139. Code contravention notice
140. Requirement for transfer
141. Transfer—letting agent's choice of transferee
142. Giving financier copy of transfer notice
143. Transfer—body corporate's choice of transferee
144. Terms of service contract on transfer
Subdivision 3--Termination and replacement of letting agent authorisation and service contract
145. Termination of letting agent authorisation if management rights not transferred
146. Termination and replacement of letting agent authorisation and service contract in particular circumstances
Subdivision 4--Reviewing terms of letting agent's service contract
147. Reviewing terms of service contract
148. Review criteria
149. Giving copy of review advice to letting agent and prospective buyer of management rights
Subdivision 5--Disputes about transfer of management rights
149A. Specialist adjudication or CCT jurisdiction

Division 9--Disputes about contractual matters

149B. Specialist adjudication or CCT jurisdiction

Part 3--Financial and property management

Division 1--Financial management

150. Financial management arrangements
151. Body corporate's financial institution accounts

Division 2--Property management

152. Body corporate's duties about common property etc.
153. Mail box and notice board
154. Disposal of interest in and leasing or licensing of common property
155. Easements
156. Acquisition of amenities for benefit of lot owners
157. Dealing with (including disposing of) interest in body corporate asset
158. Supply of services by body corporate
159. Improvements to common property
160. Obligations of owners and occupiers to maintain
161. Body corporate's authority to carry out work of owners and occupiers
162. Body corporate's power to remedy defective building work
163. Power to enter lot

Part 4--Conduct of occupiers

164. Definition for pt 4
165. Interference with easements of support or shelter
166. Interference with utility services
167. Nuisances

Part 5--By-laws

Division 1--By-laws generally

168. Meaning of by-laws
169. Content and extent of by-laws

Division 2--Exclusive use by-laws

170. Meaning of exclusive use by-law
171. Requirements for exclusive use by-law
172. Identification of subject matter of exclusive use by-laws
173. Regulation of exclusive use by-laws
174. Making allocations
175. Notifying allocations
176. Notifying further allocations
177. Prohibited matters for exclusive use by-laws
178. Review of exclusive use by-law

Division 3--Other matters about by-laws

179. Commencement of by-laws
180. Limitations for by-laws
181. Guide, hearing and assistance dogs

Division 4--By-law contraventions

182. Continuing contravention notice
183. Future contravention notice
184. Preliminary procedure for application by body corporate for resolution of dispute
185. Preliminary procedure for application by owner and occupier for resolution of dispute
186. Dispensing with preliminary procedures
187. Copy of contravention notice to be given to owner
188. Who may start proceeding

Part 6--Insurance

189. Regulation module may require body corporate to insure
190. Insurable interest
191. Responsibility of original owner
192. Mortgagees

CHAPTER 4--ADMINISTRATIVE MATTERS

Part 1--Valuation, rating and taxation

193. How lot is to be regarded for rating or taxing purposes
194. Charges, levies, rates and taxes for community titles scheme
195. Utility services separately measured, supplied and charged
196. Utility services not separately charged for
197. Registering charge on land under this Act
198. Effect of scheme change on liability for charges etc.
199. Apportionment of statutory charge
200. No application to body corporate assets

Part 2--Records

Division 1--Notices

201. Notice of transfer and other matters
202. Notice of intention not to proceed to enforce mortgage
203. Body corporate may require information to be given

Division 2--Records and provision of information

204. Regulation module
205. Information to be given to interested persons

CHAPTER 5--SALE OF LOTS

Part 1A--Preliminary

205A. Definitions for ch 5
205B. Relationship with Electronic Transactions (Queensland) Act

Part 1--Existing lots

206. Information to be given by seller to buyer
206A. How the information sheet must be given for s 206(5)
207. Contents of contract
208. Buyer may rely on information
209. Cancelling contract for inaccuracy of disclosure statement
210. Cancellation under this part
211. Restriction on powers of attorney in favour of original owner

Part 2--Proposed lots

Division 1--Basic limitation on sale of proposed lots

212. Provision about settlement taken to be included in contract
212A. Buyer may cancel if there is no proposed community management statement

Division 2--Statements about proposed lots

213. Information to be given by seller to buyer
213A. How the information sheet must be given for s 213(5)
214. Variation of disclosure statement by further statement
215. Statements and information sheet form part of contract
216. Buyer may rely on information
217. Cancelling contract for inaccuracy of statement
218. Cancellation under this part
219. Restriction on powers of attorney in favour of seller

Part 3--Implied warranties

220. Definitions for pt 3
221. Part's purpose
222. Effect of warranties and right to cancel
223. Implied warranties
224. Cancellation for breach of warranty

Part 4--Costs not recoverable by original owner on the sale of a lot

225. Costs incurred in entering contracts of engagement or authorisation

CHAPTER 6--DISPUTE RESOLUTION

Part 1--Introduction

226. Definitions for ch 6
227. Meaning of dispute
228. Chapter's purpose
229. Exclusivity of dispute resolution provisions
230. Structure of arrangements

Part 2--Commissioner for body corporate and community management

231. Appointment of commissioner
232. Responsibilities
233. Practice directions
234. Protection of commissioner
235. Delegation by commissioner

Part 3--Dispute resolution officers

236. Appointment of dispute resolution officers
237. Protection of dispute resolution officers

Part 4--Applications

Division 1--Application

238. Who may make an application
239. How to make an application
239A. Content of approved form for conciliation application
239B. Content of approved form for adjudication application
239C. Continuation of application if standing of party changes
240. Further information or material for applications
241. Rejecting application
241A. Applicant to be given notice of decision to reject application
242. Time limit on certain adjudication applications

Division 2--Initial action on application
Subdivision 1--Conciliation application

242A. Referral to department conciliator
Subdivision 2--Adjudication application
242B. Definition for sdiv 2
243. Notice to particular persons
243A. Referral to dispute resolution officer in emergency
244. Notice to applicant
245. Change or withdrawal of application
246. Inspection of applications and submissions
247. Referral of application for interim order

Part 5--Dispute resolution recommendations

248. Dispute resolution recommendation
249. Restriction on who may conduct further dispute resolution process
250. Dismissing application
251. Preparation for making a dispute resolution recommendation
252. Making a dispute resolution recommendation for specialist mediation, conciliation or adjudication

Part 5A--Department conciliation

252A. Purpose of pt 5A
252B. Functions of department conciliator
252C. Referral to department conciliator
252D. Starting department conciliation session
252E. Conduct of department conciliation session
252F. Representation by agent
252G. Further provision about representation by committee voting member as agent
252H. Referral back to commissioner
252I. Agreement reached at department conciliation session
252J. Particular agreements require committee ratification etc. before referral to commissioner
252K. Ending department conciliation
252L. Confidentiality

Part 6--Dispute resolution centre mediation

253. Purpose of pt 6
254. Referral to dispute resolution centre
255. Referral back to the commissioner

Part 7--Specialist mediation and conciliation

256. Purpose of pt 7
257. Conditions for recommending specialist mediation or conciliation
258. Referral to dispute resolution officer
259. Conduct of specialist mediation and conciliation sessions
260. Specialist mediation or conciliation is voluntary
261. Representation by agent
262. Referral back to the commissioner

Part 8--Specialist adjudication

263. Purpose of pt 8
264. Specialist adjudication by agreement

Part 9--Adjudication generally

Division 1--Preliminary

266. Purpose of pt 9
266A. Application of pt 9 to agreement referred for consent order

Division 2--Procedural matters about adjudication

267. Referral to adjudicator for specialist or department adjudication
268. Department adjudication fee
269. Investigation by adjudicator
270. Dismissal of applications
271. Investigative powers of adjudicator
272. Delegation
273. Representation by agent

Division 3--Adjudicator's orders

274. Notice of order to be given
275. Referral back to commissioner
276. Orders of adjudicators
277. Order may be made if person fails to attend to be interviewed
278. Administrator may act for body corporate etc.
279. Interim orders in context of adjudication
280. Order for payment of application fees
281. Order to repair damage or reimburse amount paid for carrying out repairs
282. Order does not prevent proceedings for offence
283. Change of body corporate's financial year
284. Ancillary provisions
285. Limitation on powers of adjudicator

Part 10--Enforcement of adjudicator's orders

286. Enforcement of orders for payment of amounts
287. Enforcement of other orders
288. Failure to comply with adjudicator's order

Part 11--Appeal from adjudicator on question of law

288A. Definitions for pt 11
289. Right to appeal to District Court or CCT
290. Appeal
291. Stay of operation of order
292. Referral back to commissioner
293. Appeal procedure—District Court
293A. Appeal procedure—CCT
294. Powers of appeal body on appeal

Part 12--Miscellaneous

Division 1--Stay of applications and proceedings

294A. Power to stay application and proceeding

Division 2--Other matters

295. Replacing statement to be lodged with registrar
296. Privilege
297. False or misleading information
298. False or misleading documents
299. Public access to information about orders
300. Appointment of administrator for enforceable money orders
301. Appointment of administrator
302. Magistrates Court in which proceeding lies

CHAPTER 7--MISCELLANEOUS

Part 1--Appeals

303. Definitions for pt 1
304. Decision may be appealed
305. Appeal
306. Time for making appeal
307. Powers of court on appeal
308. Effect of court's action

Part 2--Other matters

309. Associates
310. Protection of persons dealing with body corporate
311. Body corporate to be taken to be owner of parcel for certain Acts etc.
312. Proceedings
313. Representation in planning proceedings
313A. Application under ch 6 or CCT Act by group of lot owners or occupiers
314. Liability of owners for monetary obligations of body corporate
315. Service of notices etc.
316. Powers of entry by local government, utility service provider or other authorised entity
317. Restriction on irrevocable powers of attorney
318. Prevention of contracting out
319. Fees
320. Chief executive may approve forms
321. References to body corporate managers and service contractors
322. Regulation-making power
323. Regulation-making power—lease-back scheme

CHAPTER 8--TRANSITIONAL PROVISIONS

Part 1--Transition from 1980 Act

Division 1--Introduction

324. Purpose of pt 1
325. Approach adopted
326. Definitions for pt 1

Division 2--Limited continuing operation of 1980 Act

327. Application of 1980 Act to plan other than for specified Act
328. Application of 1980 Act to plan for specified Act

Division 3--Saving existing 1980 Act plans

329. Application of div 3
330. Existing plan
331. Classification of existing plan
332. Administrative matters

Division 4--Saving future 1980 Act plans

333. Application of div 4
334. Future plan
335. Classification of future plan

Division 5--Community management statements for new schemes

336. What div 5 provides for
337. Community management statement
338. Community management statement recorded for 1980 Act plan when plan registered
339. Registrar to record standard statement
340. By-laws may be retained
341. Right to exclusive use by-law

Division 6--Special provisions for contracts

342. Definitions for div 6
343. Letting agent authorisation
344. Body corporate contracts

Division 7--Miscellaneous

345. Sale of lots
346. Actions under disputes provisions
347. References to certain Acts

Part 2--Transitional provision for Tourism, Racing and Fair Trading (Miscellaneous Provisions) Act 2002

348. Transitional provision for information sheets

Part 3--Transitional provisions for Body Corporate and Community Management and Other Legislation Amendment Act 2003

349. Adjusting contribution schedule lot entitlement
350. Community management statements for particular schemes
351. Particular community management statements to be given to local governments
352. Existing easements for lots
353. Existing powers of body corporate managers
354. Existing applications for an order of an adjudicator

Part 3A--Transitional provision for Property Agents and Motor Dealers and Other Acts Amendment Act 2006

354A. Transitional provision for s 213

Part 5--Transitional provision for Audit Legislation Amendment Act 2006

356. Further amendment, or repeal, of certain regulations

Part 6--Transitional provisions for Body Corporate and Community Management and Other Legislation Amendment Act 2007

357. Definition for pt 6
358. Existing applications for adjustment of lot entitlement schedules
359. Other existing applications
360. Existing appeals
361. Existing dispute resolution officers
362. Application of code of conduct for existing committee voting members

Part 6A--Transitional provision for Body Corporate and Community Management Amendment Act 2009

362A. Section 212 to have retrospective affect
SCHEDULE 1 -- ILLUSTRATIONS
SCHEDULE 1A -- CODE OF CONDUCT FOR COMMITTEE VOTING MEMBERS
1. Commitment to acquiring understanding of Act, including this code
2. Honesty, fairness and confidentiality
3. Acting in body corporate's best interests
4. Complying with Act and this code
5. Nuisance
6. Conflict of interest
SCHEDULE 2 -- CODE OF CONDUCT FOR BODY CORPORATE MANAGERS AND CARETAKING SERVICE CONTRACTORS
1. Knowledge of Act, including code
2. Honesty, fairness and professionalism
3. Skill, care and diligence
4. Acting in body corporate's best interests
5. Keeping body corporate informed of developments
6. Ensuring employees comply with Act and code
7. Fraudulent or misleading conduct
8. Unconscionable conduct
9. Conflict of duty or interest
10. Goods and services to be supplied at competitive prices
11. Body corporate manager to demonstrate keeping of particular records
SCHEDULE 3 -- CODE OF CONDUCT FOR LETTING AGENTS
1. Honesty, fairness and professionalism
2. Skill, care and diligence
3. Acting in body corporate's and individual lot owner's best interests
4. Ensuring employees comply with Act and code
5. Fraudulent or misleading conduct
6. Unconscionable conduct
7. Nuisances
8. Goods and services to be supplied at competitive prices
SCHEDULE 4 -- BY-LAWS
1. Noise
2. Vehicles
3. Obstruction
4. Damage to lawns etc.
5. Damage to common property
6. Behaviour of invitees
7. Leaving of rubbish etc. on the common property
8. Appearance of lot
9. Storage of flammable materials
10. Garbage disposal
11. Keeping of animals
SCHEDULE 5 -- ADJUDICATOR'S ORDERS
SCHEDULE 6 -- DICTIONARY
Endnotes

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