Queensland Consolidated Regulations

BODY CORPORATE AND COMMUNITY MANAGEMENT (STANDARD MODULE) REGULATION 1997

TABLE OF PROVISIONS

           Contents

           Part 1--Preliminary

   1.      Short title
   3.      Application of this regulation—Act, s 21
   4.      Dictionary
   5.      References

           Part 2--Community management statements

   6.      Permitted inclusions—Act, s 66

           Part 3--Body corporate committee

           Division 1--Preliminary

   7.      Requirement for committee—Act, s 98
   8.      Purpose of pt 3
           Division 2 Composition--Act, s 99
   9.      Composition of committee
   9A.     Non-voting members of committee
           Division 3 Eligibility--Act, s 99
   10.     Eligibility for committee membership
           Division 4 Choosing of committee--Act, s 99
   11.     When committee is chosen
   12.     Election of committee
   13.     Nomination procedures for election of committee other than at first annual general meeting
   13A.    Requirements for nominations
   14.     Modified nomination procedures for election of committee at first annual general meeting
   15.     Modified election procedures for election of committee at first annual general meeting
   16.     Conduct of elections for committee by secret ballot
   17.     Conduct of elections for committee by open ballot
   18.     Election of ordinary members of committee
   19.     Conduct of ballot—general requirements
   20.     Conduct of ballot—scrutiny of votes
   21.     Conduct of ballot—deciding executive member positions
   22.     Conduct of ballot—deciding ordinary member positions
   23.     Conduct of ballot—declaration of voting results
           Division 4A Appointment of committee members at extraordinary general meeting following annual general meeting--Act, s 99
   24.     Definitions for div 4A
   24A.    Requirement to call extraordinary general meeting
   24B.    Appointment of committee member at extraordinary general meeting
   24C.    Engagement of body corporate manager under div 10 at extraordinary general meeting
           Division 5 Term of office of committee--Act, s 99
   25.     Term of office
           Division 5AA Removing committee voting member for breaching code of conduct--Act, section 101B
   25AA.   Notice for breach of code of conduct
   25AB.   Removal of member at general meeting
           Division 5A Filling casual vacancies on committee--Act, s 99
   25A.    Application of div 5A
   25B.    Replacement of member removed from office by body corporate
   25C.    Committee must appoint new member or call general meeting of body corporate
   25D.    Requirements for notice of general meeting
   25E.    Election of committee member at general meeting
   25F.    Engagement of body corporate manager under div 10 at general meeting

           Division 6--Restricted issues

   26.     Restricted issues for committee—Act, s 100
           Division 7 Administrative arrangements for committee meetings--Act, s 101
   27.     Who may call committee meetings
   28.     Notice of committee meetings
   29.     Place of committee meetings
   30.     Agenda for committee meetings
   31.     Chairing committee meetings
   32.     Quorum at committee meetings
   32A.    Attendance at committee meetings—non-voting members
   32B.    Attendance at committee meetings—non members
           Division 8 Voting at committee meetings--Act, s 101
   33.     Voting at committee meetings
   34.     Conflict of interest
   35.     Voting outside committee meetings
           Division 9 General matters for committee meetings--Act, s 101
   36.     Minutes and other records of committee
   37.     Carrying out resolutions of committee meetings
   37A.    Reporting particular payments to committee

           Division 10--Engagement of body corporate manager to carry out functions of committee and executive members
           Subdivision 1--Engagement of body corporate manager

   37B.    When body corporate manager may be engaged to carry out functions of a committee and its executive members
   37C.    Form of engagement
   37D.    Term of engagement
           Subdivision 2--Functions and powers of body corporate manager
   37E.    Functions and powers
           Subdivision 3--Reports to body corporate
   37F.    Body corporate manager's reports to body corporate

           Part 4--General meetings

           Division 1--Purpose of part

   38.     Purpose of pt 4
           Division 2 Administrative arrangements for general meetings--Act, s 104
   39.     Types of general meetings
   40.     Who may call general meetings
   41.     Opportunity to submit agenda motions
   42.     Notice of general meeting
   42A.    Requirements for voting papers
   42B.    Motion with alternatives
   42C.    Explanatory material accompanying voting paper
   43.     Time of general meetings
   44.     Place of general meetings
   45.     Agenda for general meeting
   46.     Chairing general meetings
   47.     Power of person chairing meeting to rule motion out of order
   48.     Quorum for general meetings
           Division 3 Voting at general meetings--Act, s 104
   49.     Meaning of voter for general meeting
   49A.    Displacement or disentitlement of right to vote
   50.     Representation of body corporate
   51.     Exercise of vote at general meetings
   52.     Voting at general meeting
   53.     When motion must be decided by secret ballot
   53A.    How secret ballot must be conducted
   53B.    Conduct of secret ballot—voting
   54.     Appointment and functions of returning officer
   55.     Secretary to have available for inspection body corporate roll etc.
   56.     Declaration of voting results on motions
           Division 4 Procedures at general meeting--Act, s 104
   57.     Amendment of motions at general meetings
   58.     Amendment or revocation of resolutions passed at general meeting
   59.     Minutes of general meetings
           Division 5 Other matters for general meetings--Act, s 104
   60.     Requirement for annual general meetings
   61.     Requirement for requested extraordinary general meeting
   61A.    Failure to call requested extraordinary general meeting
   61B.    Performance of secretary's functions for general meeting if meeting not called by secretary
           Division 6 First annual general meeting--Act, s 104
   62.     First annual general meeting
   62A.    First annual general meeting—scheme established by amalgamation
   63.     Documents and materials to be handed over to body corporate at first annual general meeting

           Part 5--Proxies

           Division 1--Purpose of part

   64.     Purpose of pt 5
           Division 2 Proxies for committee members--Act, s 102
   65.     Purpose of div 2
   66.     Appointment
   66A.    Prohibition on voting by proxy—committee for body corporate for principal scheme in layered arrangement
   67.     Restrictions on appointment
   68.     Form of proxy
   69.     Special provisions about proxy use
   70.     Offence
           Division 3 Proxies for body corporate members--Act, s 103
   71.     Purpose of div 3
   72.     Appointment
   73.     Form of proxy
   74.     Use of proxy
   75.     Special provisions about proxy use
   76.     Offence

           Part 6--Body corporate managers, service contractors and letting agents

           Division 1--Preliminary

   77.     Purpose of pt 6
   77A.    Application of pt 6 to part 3, division 10 engagements
           Division 2 Requirements for engagements and authorisations--Act, s 122
   77B.    Definition for div 2
   78.     Form of engagement
   79.     Form of authorisation
   80.     Term of engagement of body corporate manager
   81.     Term of engagement of service contractor
   82.     Term of authorisation of letting agent
   83.     Commencement of term of engagement or authorisation
           Division 3 Transferring engagements and authorisations--Act, s 122
   84.     Transferring engagements and authorisations
   85.     Payment of amount on transfer
           Division 4 Termination of engagements and authorisations--Act, s 122
   86.     Purpose of div 4
   86A.    Termination under the Act, by agreement etc.
   86B.    Termination for conviction of particular offences etc.
   86C.    Termination for failure to comply with remedial action notice
           Division 5 Authority for engagements and authorisations--Act, s 122
   87.     Authority to make engagement or give authorisation, or amend engagement or authorisation
           Division 6 Disclosure requirements--Act, s 122
   87A.    Definition for div 6
   88.     Associate supplying goods or services
   89.     Disclosure of associate contract
   90.     Disclosure of commission or other benefit
           Division 7 Occupation of common property--Act, s 122
   91.     Occupation of common property by service contractor or letting agent
   91A.    Occupation of common property by service contractor may include right of access
           Division 8 Review of remuneration--Act, s 129
   92.     Review of remuneration under engagement of service contractor

           Part 7--Financial management

           Division 1--Purpose of part

   93.     Purpose of pt 7
           Division 2 Budgets--Act, s 150
   94.     Budgets
   94A.    Adjusting proposed budgets at annual general meeting
           Division 3 Contributions levied by body corporate--Act, s 150
   95.     Contributions to be levied on owners
   96.     Notice of contribution payable
   97.     Discounts for timely payment
   98.     Penalties for late payment

           Division 3A--Payment and enforcement of body corporate debts

   99.     Payment and recovery of body corporate debts
           Division 4 Administrative and sinking funds--Act, s 150
   100.    Administrative and sinking funds
   100A.   Administration of administrative or sinking fund by body corporate manager
   101.    Application of administrative and sinking funds
   101A.   Reconciliation statements
           Division 5 Borrowing--Act, s 150
   102.    Power to borrow
           Division 6 Control of spending--Act, s 150
   103.    Spending by committee
   104.    Quotes for major spending
           Division 7 Accounts and audit--Act, s 150
   105.    Accounts
   106.    Audit
   107.    Auditing qualifications and experience—Act, sch 6

           Part 8--Property management

           Division 1--Purpose of part

   108.    Purpose of pt 8

           Division 2--Common property

   109.    Duties of body corporate about common property—Act, s 152
   110.    Mailbox and notice board—Act, s 153
   111.    Disposal of interest in and leasing or licensing of common property—Act, s 154
   112.    Easements over common property—Act, s 155
   113.    Improvements to common property by body corporate—Act, s 159
   114.    Improvements to common property by lot owner—Act, s 159

           Division 3--Body corporate assets

   115.    Duties of body corporate about body corporate assets—Act, s 152
   116.    Acquisition of amenities for benefit of lot owners—Act, s 156
   117.    Dealing with (including disposal of) body corporate assets—Act, s 157

           Division 4--Agreement with another body corporate

   118.    Sharing facilities

           Division 5--Services for and obligations of owners and occupiers

   119.    Supply of services by body corporate—Act, s 158

           Division 6--Condition of lot

   120.    Obligations of owners and occupiers—Act, s 160

           Division 7--Power to act for owners and occupiers

   121.    Body corporate may carry out work required of owners and occupiers—Act, s 161
   122.    Body corporate's power to take action to remedy defective building work—Act, s 162

           Division 8--Exclusive use by-laws

   123.    Conditions and obligations under exclusive use by-law—Act, s 173
   124.    Improvements—Act, s 173
   125.    Recovery of amount owed—Act, s 173
           Division 9 Insurance--Act, s 189
   126.    Definitions for div 9
   126A.   Disclosure of insurance details at annual general meeting
   127.    Insurance of common property and body corporate assets
   128.    Insurance of building including lots
   129.    Insurance for buildings with common walls
   130.    Premium
   131.    Improvements affecting premium
   132.    Use affecting premium
   133.    Excess
   134.    Insurance for buildings with no common walls
   135.    Combined policy of insurance
   136.    Public risk insurance
   137.    Use of insurance money

           Part 9--Administrative matters

           Division 1--Purpose of part

   138.    Purpose of pt 9
           Division 2 Body corporate's seal--Act, s 34
   139.    Body corporate's seal
           Division 3 Notices--Act, s 201
   140.    Notices for roll
   141.    Address for service
   142.    Change of address
           Division 4 Rolls and registers--Act, s 204
   143.    Roll of lots and entitlements
   144.    Register of assets
   145.    Register of engagements and authorisations
   146.    Register of authorisations affecting the common property
   147.    Register of allocations under exclusive use by-law

           Division 5--Documents and information

   148.    Definitions for div 5
   149.    Keeping and disposal of records—Act, s 204
   150.    Access to records—Act, s 204
   151.    Fee for information given to interested persons—Act, s 205

           Part 10--Miscellaneous

   152.    Return of body corporate property—Act, s 322
   153.    Documents in custody of body corporate manager—Act, s 322

           Part 11--Transitional provisions for Body Corporate and Community Management Legislation Amendment Regulation (No. 1) 2003

   154.    Definitions for pt 11
   155.    Existing committees—composition
   156.    Existing committee members—eligibility
   157.    Existing decisions of committee about payment of remuneration etc.
   158.    General meetings of body corporate and committee meetings called before commencement
   159.    Existing engagements and authorisations
   160.    Application of new requirements to existing body corporate managers
   161.    Existing body corporate debts
   162.    Existing policies of insurance

           Part 12--Other transitional provisions

   163.    Transitional provision for Audit Legislation Amendment Act 2006
           SCHEDULE DICTIONARY
           Endnotes