Queensland Consolidated Regulations

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BODY CORPORATE AND COMMUNITY MANAGEMENT (STANDARD MODULE) REGULATION 2008

- Made under the Body Corporate and Community Management Act 1997
- As at 1 July 2018
- Reg 273 of 2008

TABLE OF PROVISIONS

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 noticeboard—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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