Queensland Consolidated Regulations
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BODY CORPORATE AND COMMUNITY MANAGEMENT (ACCOMMODATION MODULE)
REGULATION 2008
TABLE OF PROVISIONS
Contents
CHAPTER 1--PRELIMINARY
1. Short title
2. Commencement
3. Application of this regulation—Act, s 21 [SM, s 3]
4. Dictionary [SM, s 4]
5. References to committee, chairperson, secretary or treasurer [SM, s 5]
6. References to standard module
CHAPTER 2--COMMUNITY MANAGEMENT STATEMENTS
7. Permitted inclusions—Act, s 66 [SM, s 6]
CHAPTER 3--COMMITTEE FOR BODY CORPORATE
Part 1--Preliminary
8. Requirement for committee—Act, s 98 [SM, s 7]
9. Purpose of ch 3 [SM, s 8]
Part 2--Committee membership
Division 1 Composition of committee--Act, section 99
10. Composition of committee [SM, s 9]
11. Eligibility to be a voting member [SM, s 10]
12. Co-ownership and eligibility to be a voting member [SM, s 11]
13. Non-voting members of committee [SM, s 12]
Division 2 Choosing of committee--Act, section 99
Subdivision 1--Choosing of committee at annual general meeting
14. When committee is chosen [SM, s 13]
15. When committee may be chosen if previous committee was formed under s 14(4) [SM, s 14]
16. Election of committee [SM, s 15]
17. Nomination procedures for election of committee other than at first annual general meeting [SM, s 16]
18. Lot owner's right of nomination [SM, s 17]
19. Requirements for nominations [SM, s 18]
20. Modified nomination procedures for election of committee at first annual general meeting [SM, s 19]
21. Modified election procedures for election of committee at first annual general meeting [SM, s 20]
22. Conduct of elections for committee [SM, s 21]
23. Conduct of ballot—information to be forwarded with notice of meeting [SM, s 21]
24. Election of ordinary members of committee [SM, s 23]
25. Conduct of ballot—general requirements [SM, s 24]
26. Conduct of ballot—deciding executive member positions [SM, s 26]
27. Conduct of ballot—deciding ordinary member positions [SM, s 27]
28. Conduct of ballot—declaration of voting results [SM, s 28]
Subdivision 2--Choosing of committee at extraordinary general meeting following annual general meeting
29. Definitions for sdiv 2 [SM, s 29]
30. Requirement to call extraordinary general meeting [SM, s 30]
31. Appointment of committee member at extraordinary general meeting [SM, s 31]
32. Engagement of body corporate manager under pt 5 at extraordinary general meeting [SM, s 32]
Subdivision 3--Term of office of committee members
33. Term of office—Act, s 99 [SM, s 33]
34. Notice for breach of code of conduct—Act, s 101B [SM, s 34]
35. Removal of voting member at general meeting for breach of code of conduct—Act, s 101B [SM, s 35]
Subdivision 4 Filling casual vacancies on committee--Act, section 99
36. Application of sdiv 4 [SM, s 36]
37. Replacement of member removed from office by body corporate [SM, s 37]
38. Committee must appoint new member or call general meeting of body corporate [SM, s 38]
39. Requirements for notice of general meeting [SM, s 39]
40. Election of committee member at general meeting [SM, s 40]
41. Engagement of body corporate manager under pt 5 at general meeting [SM, s 41]
Part 3 Restricted issues--Act, section 100
42. Restricted issues for committee [SM, s 42]
43. Exceptions to restricted issues for committee [SM, s 43]
Part 4 Committee meetings--Act, section 101
Division 1--Administrative arrangements for committee meetings
44. Who may call committee meetings [SM, s 44]
45. Notice of committee meetings [SM, s 45]
46. Place of committee meetings [SM, s 46]
47. Agenda for committee meetings [SM, s 47]
Division 2--Chair, quorum and attendance for committee meetings
48. Chairing committee meetings [SM, s 48]
49. Quorum at committee meetings [SM, s 49]
50. Attendance at committee meetings—non-voting members [SM, s 50]
51. Attendance at committee meetings—non-members [SM, s 51]
Division 3--Voting at committee meetings
52. Voting at committee meetings [SM, s 52]
53. Conflict of interest [SM, s 53]
54. Voting outside committee meetings [SM, s 54]
Division 4--Minutes and other records of committee
55. Minutes and other records of committee [SM, s 55]
Part 5 Engagement of body corporate manager to carry out functions of committee and executive members--Act, section 122
56. When body corporate manager may be engaged to carry out functions of a committee and its executive members [SM, s 58]
57. Form of engagement [SM, s 59]
58. Term of engagement [SM, s 60]
59. Functions and powers [SM, s 61]
60. Body corporate manager's reports to body corporate [SM, s 62]
CHAPTER 4 BODY CORPORATE MEETINGS--ACT, SECTION 104
Part 1--Purpose of chapter
61. Purpose of ch 4 [SM, s 63]
Part 2--Administrative arrangements for body corporate meetings
Division 1--General
62. Types of meetings [SM, s 64]
63. Who may call general meetings [SM, s 65]
64. When annual general meetings must be called [SM, s 66]
65. Requirement for requested extraordinary general meeting [SM, s 67]
66. Failure to call requested extraordinary general meeting [SM, s 68]
67. Opportunity to submit agenda motions [SM, s 69]
68. Notice of general meetings [SM, s 70]
69. Requirements for voting papers [SM, s 71]
70. Motion with alternatives [SM, s 72]
71. Explanatory material accompanying voting paper [SM, s 73]
72. Time of general meetings [SM, s 74]
73. Place of general meetings [SM, s 75]
74. Agenda for general meeting [SM, s 76]
Division 2--Special provisions for first annual general meeting
75. First annual general meeting [SM, s 77]
76. First annual general meeting—scheme established by amalgamation [SM, s 78]
77. Documents and materials to be handed over to body corporate at first annual general meeting [SM, s 79]
Part 3--Chair and quorum for body corporate meetings
78. Chairing general meetings [SM, s 80]
79. Power of person chairing meeting to rule motion out of order [SM, s 81]
80. Quorum for general meetings [SM, s 82]
Part 4--Voting at general meetings
81. Meaning of voter for general meeting [SM, s 83]
82. Displacement or disentitlement of right to vote [SM, s 84]
83. Representation of body corporate [SM, s 85]
84. Exercise of vote at general meetings [SM, s 86]
85. Voting at general meeting [SM, s 87]
86. When motion must be decided by secret ballot [SM, s 88]
87. How secret ballot must be conducted [SM, s 89]
88. Conduct of secret ballot—voting [SM, s 90]
89. Appointment and functions of returning officer [SM, s 91]
90. Secretary to have available for inspection body corporate roll etc. [SM, s 92]
91. Declaration of voting results on motions [SM, s 93]
Part 5--Other procedural matters for general meetings
92. Amendment of motions at general meetings [SM, s 94]
93. Amendment or revocation of resolutions passed at general meeting [SM, s 95]
94. Minutes of general meetings [SM, s 96]
95. Performance of secretary's functions for general meeting if meeting not called by secretary [SM, s 97]
CHAPTER 5--PROXIES
Part 1--Purpose of chapter
96. Purpose of ch 5 [SM, s 98]
Part 2 Proxies for committee members--Act, section 102
97. Purpose of pt 2 [SM, s 99]
98. Appointment [SM, s 100]
99. Restrictions on appointment [SM, s 101]
100. Form of proxy [SM, s 102]
101. Use of proxy [SM, s 103]
102. Special provisions about proxy use [SM, s 104]
103. Offence [SM, s 105]
Part 3 Proxies for body corporate meetings--Act, section 103
104. Purpose of pt 3 [SM, s 106]
105. Appointment [SM, s 107]
106. Form of proxy [SM, s 108]
107. Use of proxy [SM, s 109]
108. Special provisions about proxy use [SM, s 110]
109. Offence [SM, s 111]
CHAPTER 6 BODY CORPORATE MANAGERS, SERVICE CONTRACTORS AND LETTING AGENTS--ACT, SECTION 122
Part 1--Preliminary
110. Purpose of ch 6 [SM, s 112]
111. Application of ch 6 to chapter 3, part 5 engagements [SM, s 113]
Part 2--Authority for engagements and authorisations
112. Authority to make engagement or give authorisation, or amend engagement or authorisation [SM, s 114]
Part 3--Requirements for engagements and authorisations
113. Definition for pt 3 [SM, s 115]
114. Form of engagement [SM, s 116]
115. Form of authorisation [SM, s 117]
116. Term of engagement of body corporate manager [SM, s 118]
117. Term of engagement of service contractor [SM, s 119]
118. Term of authorisation of letting agent [SM, s 120]
119. Commencement of term of engagement or authorisation [SM, s 121]
Part 4--Transferring engagements and authorisations
Division 1--General provisions
120. Transferring engagements and authorisations [SM, s 122]
Division 2--Payment of amount on transfer
121. Operation of div 2 [SM, s 123]
122. Definitions for div 2 [SM, s 124]
123. Prescribed period—Act, s 122(3) [SM, s 125]
124. Amount payable on a transfer within the prescribed period—Act, s 122(3) [SM, s 126]
125. Transferor who claims transfer fee is not payable under s 124(3) must advise body corporate [SM, s 127]
Part 5--Termination of engagements and authorisations
126. Purpose of pt 5 [SM, s 128]
127. Termination under the Act, by agreement etc. [SM, s 129]
128. Termination for conviction of particular offences etc. [SM, s 130]
129. Termination for failure to comply with remedial action notice [SM, s 131]
Part 6--Disclosure requirements
130. Definition for pt 6 [SM, s 132]
131. Associate supplying goods or services [SM, s 133]
132. Disclosure of associate contract [SM, s 134]
133. Disclosure of commission or other benefit [SM, s 135]
Part 7--Occupation of common property
134. Occupation of common property by service contractor or letting agent [SM, s 136]
135. Occupation of common property by service contractor may include right of access [SM, s 137]
CHAPTER 7 FINANCIAL MANAGEMENT--ACT, SECTION 150
Part 1--Purpose of chapter
136. Purpose of ch 7 [SM, s 138]
Part 2--Budgets
137. Budgets [SM, s 139]
138. Adjusting proposed budgets at annual general meeting [SM, s 140]
Part 3--Contributions levied by body corporate
139. Contributions to be levied on owners [SM, s 141]
140. Notice of contribution payable [SM, s 142]
141. Discounts for timely payment [SM, s 143]
142. Penalties for late payment [SM, s 144]
Part 4--Payment and enforcement of body corporate debts
143. Payment and recovery of body corporate debts [SM, s 145]
Part 5--Administrative and sinking funds
144. Administrative and sinking funds [SM, s 146]
145. Administration of administrative or sinking fund by body corporate manager [SM, s 147]
146. Application of administrative and sinking funds [SM, s 148]
147. Reconciliation statements [SM, s 149]
Part 6--Borrowing
148. Power to borrow [SM, s 150]
Part 7--Control of spending
149. Spending by committee [SM, s 151]
150. Quotes for major spending decided at general meeting [SM, s 152]
151. Quotes for major spending decided by committee [SM, s 153]
Part 8--Accounts and audit
152. Accounts [SM, s 154]
153. Audit [SM, s 155]
154. Auditing qualifications and experience—Act, sch 6, def auditor, para (a)(ii) [SM, s 156]
155. Reporting particular payments to committee [SM, s 157]
CHAPTER 8--PROPERTY MANAGEMENT
Part 1--Purpose of chapter
156. Purpose of ch 8 [SM, s 158]
Part 2--Common property
157. Duties of body corporate about common property—Act, s 152 [SM, s 159]
158. Mailbox and notice board—Act, s 153 [SM, s 160]
159. Disposal of interest in and leasing or licensing of common property—Act, s 154 [SM, s 161]
160. Easements over common property—Act, s 155 [SM, s 162]
161. Improvements to common property by body corporate—Act, s 159 [SM, s 163]
162. Improvements to common property by an owner of a lot—Act, s 159 [SM, s 164]
Part 3--Body corporate assets
163. Duties of body corporate about body corporate assets—Act, s 152 [SM, s 165]
164. Acquisition of amenities for benefit of lot owners—Act, s 156 [SM, s 166]
165. Dealing with (including disposal of) body corporate assets—Act, s 157 [SM, s 167]
Part 4--Agreement with another body corporate
166. Sharing facilities—Act, s 95 [SM, s 168]
Part 5--Services for and obligations of owners and occupiers
167. Supply of services by body corporate—Act, s 158 [SM, s 169]
Part 6--Condition of lot
168. Obligations of owners and occupiers—Act, s 160 [SM, s 170]
Part 7--Power to act for owners and occupiers
169. Body corporate may carry out work required of owners and occupiers—Act, s 161 [SM, s 171]
170. Body corporate's power to take action to remedy defective building work—Act, s 162 [SM, s 172]
Part 8 Exclusive use by-laws--Act, section 173
171. Conditions and obligations under exclusive use by-law [SM, s 173]
172. Improvements [SM, s 174]
173. Recovery of amount owed [SM, s 175]
Part 9 Insurance--Act, section 189
174. Definitions for pt 9 [SM, s 176]
175. Disclosure of insurance details at annual general meeting [SM, s 177]
176. Insurance of common property and body corporate assets [SM, s 178]
177. Insurance of building including lots [SM, s 179]
178. Insurance for buildings with common walls [SM, s 180]
179. Valuation for insurance purposes [SM, s 181]
180. Premium [SM, s 182]
181. Improvements affecting premium [SM, s 183]
182. Excess [SM, s 184]
183. Insurance for buildings with no common walls [SM, s 185]
184. Combined policy of insurance [SM, s 186]
185. Public risk insurance [SM, s 187]
186. Use affecting premium [SM, s 188]
187. Use of insurance money not paid under voluntary insurance scheme [SM, s 189]
188. Use of insurance money paid under voluntary insurance scheme [SM, s 190]
CHAPTER 9--ADMINISTRATIVE MATTERS
Part 1--Purpose of chapter
189. Purpose of ch 9 [SM, s 191]
Part 2 Body corporate's seal--Act, section 34
190. Body corporate's seal [SM, s 192]
Part 3 Notices--Act, section 201
191. Notices for roll [SM, s 193]
192. Address for service [SM, s 194]
193. Change of address [SM, s 195]
Part 4 Rolls and registers--Act, section 204
194. Roll of lots and entitlements [SM, s 196]
195. Register of assets [SM, s 197]
196. Register of engagements and authorisations [SM, s 198]
197. Register of authorisations affecting the common property [SM, s 199]
198. Register of allocations under exclusive use by-law [SM, s 200]
199. Register of reserved issues [SM, s 201]
Part 5--Documents and information
200. Definitions for pt 5 [SM, s 202]
201. Keeping and disposal of records—Act, s 204 [SM, s 203]
202. Access to records—Act, s 204 [SM, s 204]
203. Fee for information given to interested persons—Act, s 205 [SM, s 205]
CHAPTER 10--MISCELLANEOUS
204. Return of body corporate property [SM, s 206]
205. Documents in custody of body corporate manager [SM, s 207]
CHAPTER 11--REPEAL AND TRANSITIONAL PROVISIONS
Part 1--Repeal
206. Repeal [SM, s 208]
Part 2--Transitional provisions
Division 1--Purposes, definitions and general approach
207. Main purposes of pt 2 [SM, s 209]
208. Definitions for pt 2 [SM, s 210]
209. Authorised actions and documents etc. under previous provision [SM, s 211]
210. Terminology in things mentioned in s 209(1) [SM, s 212]
211. Period stated in previous provision [SM, s 213]
212. Period or date stated in document given under previous provision [SM, s 214]
213. References to repealed regulation [SM, s 215]
214. Acts Interpretation Act 1954, s 20 not limited [SM, s 216]
Division 2--Specific provisions
215. When is a general meeting called for this division [SM, s 217]
216. General meetings of body corporate and committee meetings called before commencement [SM, s 218]
217. Existing voting members—eligibility [SM, s 219]
218. Committee elections [SM, s 220]
219. Existing engagements of body corporate managers to carry out functions of committee and executive members [SM, s 222]
220. Existing requests for approval to transfer and decisions about transfers [SM, s 223]
221. Existing resolutions on relevant limit for committee spending
222. Existing proposals if reduced limit for major spending [SM, s 224]
223. Disclosure of insurance details at annual general meeting [SM, s 225]
224. Valuation for insurance purposes [SM, s 226]
225. Register of reserved issues [SM, s 227]
226. Continuation of approved forms [SM, s 228]
227. Continuation of previous ss 158 and 160 [SM, s 229]
228. Continuation and modification of previous transitional provision for Audit Legislation Amendment Act 2006 [SM, s 230]
SCHEDULE -- DICTIONARY
Endnotes
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