BUILDING UNITS AND GROUP TITLES ACT 1980

Queensland Consolidated Acts

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BUILDING UNITS AND GROUP TITLES ACT 1980

TABLE OF PROVISIONS

Long Title

Contents

Part 1--Preliminary

1. Short title
5. Savings and transitional
5A. Limited operation of Act on commencement of ch 8, pt 1 of BCCM Act
6. Construction of Act
7. Interpretation

Part 2--Subdivision of land

Division 1--Creation of lots and common property

8. Subdivision
9. Registration of plan
10. Resubdivision
11. Amalgamation of lots
12. Conversion of lots into common property
13. Plans and notices of conversion to be signed
14. Copies of plan to certain authorities and bodies corporate
15. Support
16. Shelter
17. Services
18. Ancillary rights
19. Lot entitlement

Division 2--Common property

20. Ownership of common property
21. Acquisition of additional common property
22. Transfer or lease of part of common property
23. Creation of easements

Division 3--Approval of local government

24. Approval of subdivision

Part 3--Variation or extinguishment of plans

25. Variation or extinguishment of plan
25A. Notification to local government on extinguishment of plan
26. Disposition on extinguishment of plan

Part 4--Management

Division 1--Bodies corporate

27. Constitution of bodies corporate
28. Seal of body corporate
29. First annual general meeting of body corporate
29A. Meetings, other than first annual general meeting, of body corporate
29B. Audit of accounts of body corporate
30. By-laws
31. Copy of by-laws to be produced upon request
32. Levies by body corporate on proprietors
33. Power of body corporate to carry out work
34. Body corporate's address
35. Agreement for payment to a proprietor of consideration on transfer or lease of common property
36. Power of entry
37. Duties and powers of body corporate regarding property etc.
37A. Improvement etc. to common property by proprietor of lot
38. Administrative fund and sinking fund
38A. Body corporate to determine contributions by proprietors
38B. Levy by body corporate for contributions
38C. Borrowings by body corporate
38D. Duty of body corporate as to keeping records, convening meetings etc.
38E. Body corporate to implement its decisions
39. Roll
40. Supply of information, certificates and copies by body corporate
40A. Body corporate may require information as to letting of lot
41. Exemption from certain provisions of Act

Division 2--Committees

42. Constitution of committees
43. Vacation of office of member of committee
44. Chairperson, secretary and treasurer of committee
45. Meetings of committees
46. Committee's decisions to be decisions of body corporate
47. Statutory restrictions on powers of committees
48. Restrictions imposed on committee by body corporate
48A. Protection of committee members from liability
48B. Schedule 4

Division 3--Original proprietors

49. Duties of original proprietor
49A. Interpretation of awareness in s 49(5)

Division 4--Body corporate managers

50. Body corporate manager
50A. Certain voting by proxy etc. restricted

Division 5--Proprietors and other occupiers of lots

51. Duties of proprietors and other occupiers of lots
51A. Illegal use of lot prohibited
52. Power for individuals to act for corporate proprietors and mortgagees of lots
53. Notices to be given by proprietors and mortgagees

Division 6--Insurance

54. Interpretation
55. Insurance of buildings and common property
55A. Original proprietor to pay for damage policy insurance in first year
56. Further insurance by body corporate
57. Insurance by proprietor
57A. Insurance by proprietor in case of common walls on group title plan
58. Insurance of mortgaged lot
59. Rebuilding
60. Insurable interest of body corporate

Division 7--Rating and taxation

61. Interpretation
62. Valuation of parcel
63. Particulars of lot entitlements to be conclusive
64. Rating of lots
67. Local government may recover arrears of rates and charges upon conversion etc.

Part 5--Disputes

Division 1--Referee

69. Referees and other officers employed under Public Service Act
70. Referee may delegate

Division 2--Applications for orders

71. Referee may inspect certain records
72. Applications for orders to be made to referee
73. Procedure after referee receives application
74. Body corporate to display and give certain notices

Division 3--Orders by referee

75. Orders under this division
76. Interim orders
77. General powers of referee to make orders
78. Further powers of referee
79. Order with respect to certain consents affecting common property
80. Order with respect to acquisition of personal property
81. Order to acquire personal property
82. Order to make or pursue insurance claim
83. Order varying certain contributions
84. Order to supply information or documents
85. Order relating to animal kept contrary to by-laws
86. Order relating to animal kept pursuant to by-laws
87. Order confirming information for roll
88. Order revoking amendment of by-law or reviving repealed by-law
89. Order granting certain licence
90. Order invalidating purported by-law
91. Order for variation of contributions or manner of payment thereof
92. Order where voting rights denied or due notice of item of business not given
93. Order varying amount of insurance to be provided
94. Order appointing body corporate manager to exercise or perform certain powers etc.
94A. Order varying anniversary of first annual general meeting of body corporate
94B. Order revoking resolution dispensing with audit
95. Copy of order to be served

Division 4--Tribunals

96. Appointment of tribunal
97. Tribunal may investigate as appropriate
98. General provisions relating to orders on appeal
99. Representation before a tribunal
100. Adjournment of appeal
101. Continuity of hearing
102. Copy of order to be served
103. Witness may be summoned before tribunal
104. Tribunal may administer oath
105. Contempt of tribunal

Division 5--Appeals

106. Appeal against order of referee
107. Determination of appeal from order of referee
108. Appeal to Court on question of law
109. Appeal does not lie from tribunal except as provided in this division

Division 6--Miscellaneous

110. Refund of prescribed deposit
111. Effect of certain orders
112. Recording on plan of effect of certain orders
113. Penalty for contravention of certain orders
114. Protection of referee and tribunal
115. Enforcement of orders for payment of money
116. Time at which order takes effect
117. Inquiries
118. Referee or tribunal not to have jurisdiction where title to land in question

Part 6--General

119. Other rights and remedies not affected by this Act
120. Reservation of name
121. Body corporate is representative of proprietors in proceedings
121A. Limited right of action by body corporate
122. Body corporate's power to take proceedings as agent for proprietor in case of structural defects
123. Dividing fences
124. Costs in proceedings by proprietors against body corporate
125. Apportionment of statutory charges
126. Notice of application for order under s 25 or 26
127. Service of documents on body corporate, proprietors and others
128. Powers of entry by public authority or local government
129. Powers of entry of referee in certain cases
130. Voting rights
131. Voting rights of first mortgagees
132. Procedure upon application to Court
133. Offences
134. Regulation-making power

Part 7--Additional transitional provision

135. Transitional provision for Audit Legislation Amendment Act 2006
SCHEDULE 2 -- MEETINGS OF, AND VOTING AT MEETINGS OF, BODY CORPORATE

Part 1--First annual general meeting

1. Interpretation
2. Inspection of roll by original proprietor
3. Notice of meeting and contents thereof
4. Restrictions on submitting motions
5. Persons entitled to vote at meetings
6. Quorum
7. Motions out of order
8. Method of casting votes
9. Chairperson to preside
10. Chairperson to have available names of persons entitled to vote
11. Counting of votes on election of chairperson, secretary, treasurer and committee
12. Counting of votes
13. Chairperson's declaration of vote
14. Amendment or revocation of certain resolutions
15. Appointment of proxy

Part 2--Meetings other than first annual general meeting
1. General meetings of body corporate
2. Persons entitled to vote at general meetings
3. Quorum
4. Motions out of order
5. Method of casting votes
6. Withdrawal of voting paper
7. Chairperson to preside
8. Scrutineers
9. Chairperson to have available names of persons entitled to vote
10. Counting of votes on election of chairperson, secretary, treasurer and committee
11. Counting of votes on motions
12. Chairperson's declaration of vote
13. Requisition for motion to be included on agenda for general meeting
14. Amendment or revocation of resolution

15. Duties of original proprietor until officers elected
16. Meetings of body corporate before first annual general meeting
17. Appointment of proxy
SCHEDULE 3 -- BY-LAWS
1. Noise
2. Vehicles
3. Obstruction
4. Damage to lawns etc. on common property
5. Damage to common property
6. Behaviour of invitees
7. Depositing rubbish etc. on common property
8. Appearance of building
9. Storage of flammable liquids etc.
10. Garbage disposal
11. Keeping of animals
SCHEDULE 4 -- PROVISIONS APPLYING TO COMMITTEES AND OFFICE BEARERS
1. Committee's power to employ agents and servants
2. Noticeboard
3. Meetings and delegation of powers and duties
4. Meeting at request of members
5. Place of meeting
6. Notice of committee meetings
7. Voting in writing by members of committee
8. Minute of certain resolutions to be included in committee's minutes
9. Acts etc. of committee valid notwithstanding vacancies
10. Powers and duties of secretary
11. Powers and duties of treasurer
Endnotes

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