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BODY CORPORATE AND COMMUNITY MANAGEMENT (STANDARD MODULE) REGULATION 2008 NO. 273

Table of Provisions

Contents

CHAPTER 1--PRELIMINARY

  • 1 Short title
  • 2 Commencement
  • 3 Application of this regulation—Act, s 21
    • 4. Dictionary
  • 5 References to committee, chairperson, secretary or treasurer

CHAPTER 2--COMMUNITY MANAGEMENT STATEMENTS

  • 6 Permitted inclusions—Act, s 66

CHAPTER 3--COMMITTEE FOR BODY CORPORATE

Part 1--Preliminary
  • 7 Requirement for committee—Act, s 98
    • 8. Purpose of ch 3 Part 2--Committee membership Division 1 Composition of committee--Act, section 99
  • 9 Composition of committee
  • 10 Eligibility to be a voting member
  • 11 Co-ownership and eligibility to be a voting member
  • 12 Non-voting members of committee
    • Division 2 Choosing of committee--Act, section 99 Subdivision 1--Choosing of committee at annual general meeting
  • 13 When committee is chosen
  • 14 When committee may be chosen if previous committee was formed under s 13(4)
    • 15. Election of committee
  • 16 Nomination procedures for election of committee other than at first annual general meeting
  • 17 Lot owner's right of nomination
  • 18 Requirements for nominations
  • 19 Modified nomination procedures for election of committee at first annual general meeting
  • 20 Modified election procedures for election of committee at first annual general meeting
  • 21 Conduct of elections for committee by secret ballot
  • 22 Conduct of elections for committee by open ballot
  • 23 Election of ordinary members of committee
  • 24 Conduct of ballot—general requirements
  • 25 Conduct of ballot—scrutiny of votes
  • 26 Conduct of ballot—deciding executive member positions
  • 27 Conduct of ballot—deciding ordinary member positions
  • 28 Conduct of ballot—declaration of voting results
    • Subdivision 2--Choosing of committee at extraordinary general meeting following annual general meeting
  • 29 Definitions for sdiv 2
  • 30 Requirement to call extraordinary general meeting
  • 31 Appointment of committee member at extraordinary general meeting
  • 32 Engagement of body corporate manager under pt 5 at extraordinary general meeting
    • Subdivision 3--Term of office of committee members
  • 33 Term of office—Act, s 99
    • 34. Notice for breach of code of conduct—Act, s 101B 35. Removal of voting member at general meeting for breach of code of conduct—Act, s 101B Subdivision 4 Filling casual vacancies on committee--Act, s 99
  • 36 Application of sdiv 4
  • 37 Replacement of member removed from office by body corporate
  • 38 Committee must appoint new member or call general meeting of body corporate
  • 39 Requirements for notice of general meeting
  • 40 Election of committee member at general meeting
  • 41 Engagement of body corporate manager under pt 5 at general meeting
    • Part 3 Restricted issues--Act, section 100
  • 42 Restricted issues for committee
  • 43 Exceptions to restricted issues for committee
    • Part 4 Committee meetings--Act, section 101 Division 1--Administrative arrangements for committee meetings
  • 44 Who may call committee meetings
  • 45 Notice of committee meetings
  • 46 Place of committee meetings
  • 47 Agenda for committee meetings
    • Division 2--Chair, quorum and attendance for committee meetings
  • 48 Chairing committee meetings
  • 49 Quorum at committee meetings
  • 50 Attendance at committee meetings—non-voting members
  • 51 Attendance at committee meetings—non-members
    • Division 3--Voting at committee meetings
  • 52 Voting at committee meetings
  • 53 Conflict of interest
  • 54 Voting outside committee meetings
    • Division 4--Minutes and other records of committee
  • 55 Minutes and other records of committee
    • Division 5--Action after committee resolution
  • 56 Notice of opposition
  • 57 Giving effect to resolutions of committee meetings
    • Part 5 Engagement of body corporate manager to carry out functions of committee and executive members--Act, section 122
  • 58 When body corporate manager may be engaged to carry out functions of a committee and its executive members
  • 59 Form of engagement
  • 60 Term of engagement
  • 61 Functions and powers
  • 62 Body corporate manager's reports to body corporate

CHAPTER 4 BODY CORPORATE MEETINGS--ACT, SECTION 104

Part 1--Purpose of chapter
  • 63 Purpose of ch 4
    • Part 2--Administrative arrangements for body corporate meetings Division 1--General
  • 64 Types of meetings
  • 65 Who may call general meetings
  • 66 When annual general meetings must be called
  • 67 Requirement for requested extraordinary general meeting
  • 68 Failure to call requested extraordinary general meeting
  • 69 Opportunity to submit agenda motions
  • 70 Notice of general meetings
  • 71 Requirements for voting papers
  • 72 Motion with alternatives
  • 73 Explanatory material accompanying voting paper
  • 74 Time of general meetings
  • 75 Place of general meetings
  • 76 Agenda for general meeting
    • Division 2--Special provisions for first annual general meeting
  • 77 First annual general meeting
  • 78 First annual general meeting—scheme established by amalgamation
  • 79 Documents and materials to be handed over to body corporate at first annual general meeting
    • Part 3--Chair and quorum for body corporate meetings
  • 80 Chairing general meetings
  • 81 Power of person chairing meeting to rule motion out of order
  • 82 Quorum for general meetings
    • Part 4--Voting at general meetings
  • 83 Meaning of voter for general meeting
  • 84 Displacement or disentitlement of right to vote
  • 85 Representation of body corporate
  • 86 Exercise of vote at general meetings
  • 87 Voting at general meeting
  • 88 When motion must be decided by secret ballot
  • 89 How secret ballot must be conducted
  • 90 Conduct of secret ballot—voting
  • 91 Appointment and functions of returning officer
  • 92 Secretary to have available for inspection body corporate roll etc.
  • 93 Declaration of voting results on motions
    • Part 5--Other procedural matters for general meetings
  • 94 Amendment of motions at general meetings
  • 95 Amendment or revocation of resolutions passed at general meeting
  • 96 Minutes of general meetings
  • 97 Performance of secretary's functions for general meeting if meeting not called by secretary

CHAPTER 5--PROXIES

Part 1--Purpose of chapter
  • 98 Purpose of ch 5
    • Part 2 Proxies for committee members--Act, section 102
  • 99 Purpose of pt 2
  • 100 Appointment
  • 101 Restrictions on appointment
  • 102 Form of proxy
  • 103 Use of proxy
  • 104 Special provisions about proxy use
  • 105 Offence
    • Part 3 Proxies for body corporate meetings--Act, section 103
  • 106 Purpose of pt 3
  • 107 Appointment
  • 108 Form of proxy
  • 109 Use of proxy
  • 110 Special provisions about proxy use
  • 111 Offence

CHAPTER 6 BODY CORPORATE MANAGERS, SERVICE CONTRACTORS AND LETTING AGENTS--ACT, SECTION 122

Part 1--Preliminary
  • 112 Purpose of ch 6
  • 113 Application of ch 6 to chapter 3, part 5 engagements
    • Part 2--Authority for engagements and authorisations
  • 114 Authority to make engagement or give authorisation, or amend engagement or authorisation
    • Part 3--Requirements for engagements and authorisations
  • 115 Definition for pt 3
  • 116 Form of engagement
  • 117 Form of authorisation
  • 118 Term of engagement of body corporate manager
  • 119 Term of engagement of service contractor
  • 120 Term of authorisation of letting agent
  • 121 Commencement of term of engagement or authorisation
    • Part 4--Transferring engagements and authorisations Division 1--General provisions
  • 122 Transferring engagements and authorisations
    • Division 2--Payment of amount on transfer
  • 123 Operation of div 2
  • 124 Definitions for div 2
  • 125 Prescribed period—Act, s 122(3)
    • 126. Amount payable on a transfer within the prescribed period—Act, s 122(3) 127. Transferor who claims transfer fee is not payable under s 126(3) must advise body corporate Part 5--Termination of engagements and authorisations
  • 128 Purpose of pt 5
  • 129 Termination under the Act, by agreement etc.
  • 130 Termination for conviction of particular offences etc.
  • 131 Termination for failure to comply with remedial action notice
    • Part 6--Disclosure requirements
  • 132 Definition for pt 6
  • 133 Associate supplying goods or services
  • 134 Disclosure of associate contract
  • 135 Disclosure of commission or other benefit
    • Part 7--Occupation of common property
  • 136 Occupation of common property by service contractor or letting agent
  • 137 Occupation of common property by service contractor may include right of access

CHAPTER 7 FINANCIAL MANAGEMENT--ACT, SECTION 150

Part 1--Purpose of chapter
  • 138 Purpose of ch 7
    • Part 2--Budgets
  • 139 Budgets
  • 140 Adjusting proposed budgets at annual general meeting
    • Part 3--Contributions levied by body corporate
  • 141 Contributions to be levied on owners
  • 142 Notice of contribution payable
  • 143 Discounts for timely payment
  • 144 Penalties for late payment
    • Part 4--Payment and enforcement of body corporate debts
  • 145 Payment and recovery of body corporate debts
    • Part 5--Administrative and sinking funds
  • 146 Administrative and sinking funds
  • 147 Administration of administrative or sinking fund by body corporate manager
  • 148 Application of administrative and sinking funds
  • 149 Reconciliation statements
    • Part 6--Borrowing
  • 150 Power to borrow
    • Part 7--Control of spending
  • 151 Spending by committee
  • 152 Quotes for major spending decided at general meeting
  • 153 Quotes for major spending decided by committee
    • Part 8--Accounts and audit
  • 154 Accounts
  • 155 Audit
  • 156 Auditing qualifications and experience—Act, sch 6, def auditor, para (a)(ii)
    • Part 9--Miscellaneous
  • 157 Reporting particular payments to committee

CHAPTER 8--PROPERTY MANAGEMENT

Part 1--Purpose of chapter
  • 158 Purpose of ch 8
    • Part 2--Common property
  • 159 Duties of body corporate about common property—Act, s 152
    • 160. Mailbox and notice board—Act, s 153 161. Disposal of interest in and leasing or licensing of common property—Act, s 154 162. Easements over common property—Act, s 155 163. Improvements to common property by body corporate—Act, s 159 164. Improvements to common property by an owner of a lot—Act, s 159 Part 3--Body corporate assets
  • 165 Duties of body corporate about body corporate assets—Act, s 152
    • 166. Acquisition of amenities for benefit of owners of lots—Act, s 156 167. Dealing with (including disposal of) body corporate assets—Act, s 157 Part 4--Agreement with another body corporate
  • 168 Sharing facilities—Act, s 95
    • Part 5--Services for and obligations of owners and occupiers
  • 169 Supply of services by body corporate—Act, s 158
    • Part 6--Condition of lot
  • 170 Obligations of owners and occupiers—Act, s 160
    • Part 7--Power to act for owners and occupiers
  • 171 Body corporate may carry out work required of owners and occupiers—Act, s 161
    • 172. Body corporate's power to take action to remedy defective building work—Act, s 162 Part 8 Exclusive use by-laws--Act, section 173
  • 173 Conditions and obligations under exclusive use by-law
  • 174 Improvements
  • 175 Recovery of amount owed
    • Part 9 Insurance--Act, section 189
  • 176 Definitions for pt 9
  • 177 Disclosure of insurance details at annual general meeting
  • 178 Insurance of common property and body corporate assets
  • 179 Insurance of building including lots
  • 180 Insurance for buildings with common walls
  • 181 Valuation for insurance purposes
  • 182 Premium
  • 183 Improvements affecting premium
  • 184 Excess
  • 185 Insurance for buildings with no common walls
  • 186 Combined policy of insurance
  • 187 Public risk insurance
  • 188 Use affecting premium
  • 189 Use of insurance money not paid under voluntary insurance scheme
  • 190 Use of insurance money paid under voluntary insurance scheme

CHAPTER 9--ADMINISTRATIVE MATTERS

Part 1--Purpose of chapter
  • 191 Purpose of ch 9
    • Part 2 Body corporate's seal--Act, section 34
  • 192 Body corporate's seal
    • Part 3 Notices--Act, section 201
  • 193 Notices for roll
  • 194 Address for service
  • 195 Change of address
    • Part 4 Rolls and registers--Act, section 204
  • 196 Roll of lots and entitlements
  • 197 Register of assets
  • 198 Register of engagements and authorisations
  • 199 Register of authorisations affecting the common property
  • 200 Register of allocations under exclusive use by-law
  • 201 Register of reserved issues
    • Part 5--Documents and information
  • 202 Definitions for pt 5
  • 203 Keeping and disposal of records—Act, s 204
    • 204. Access to records—Act, s 204 205. Fee for information given to interested persons—Act, s 205

CHAPTER 10--MISCELLANEOUS

  • 206 Return of body corporate property
  • 207 Documents in custody of body corporate manager

CHAPTER 11--REPEAL AND TRANSITIONAL PROVISIONS

Part 1--Repeal
  • 208 Repeal
    • Part 2--Transitional provisions Division 1--Purposes, definitions and general approach
  • 209 Main purposes of pt 2
  • 210 Definitions for pt 2
  • 211 Authorised actions and documents etc. under previous provision
  • 212 Terminology in things mentioned in s 211(1)
    • 213. Period stated in previous provision
  • 214 Period or date stated in document given under previous provision
  • 215 References to repealed regulation
  • 216 Acts Interpretation Act 1954, s 20 not limited
    • Division 2--Specific provisions
  • 217 When is a general meeting called for this division
  • 218 General meetings of body corporate and committee meetings called before commencement
  • 219 Existing voting members—eligibility
  • 220 Committee elections
  • 221 Notice of opposition and giving effect to resolutions
  • 222 Existing engagements of body corporate managers to carry out functions of committee and executive members
  • 223 Existing requests for approval to transfer and decisions about transfers
  • 224 Existing proposals if reduced limit for major spending
  • 225 Disclosure of insurance details at annual general meeting
  • 226 Valuation for insurance purposes
  • 227 Register of reserved issues
  • 228 Continuation of approved forms
  • 229 Continuation of previous ss 159 and 161
    • 230. Continuation and modification of previous transitional provision for Audit Legislation Amendment Act 2006 SCHEDULE -- DICTIONARY

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