Queensland Consolidated Acts Queensland Consolidated ActsIn this part—
"business" means the items in the agenda referred to in section 29 (2) of this
Act.
"meeting" means the first annual general meeting of a body corporate.
For the purposes of preparing the notices referred to in section 3 , an original proprietor, whether or not the original proprietor has ceased to be a proprietor, or the original proprietor’s agent authorised in writing is entitled to inspect the roll without making payment or written application.
(1) Notice of the meeting shall be served on each person (other than the original proprietor) who is a proprietor or first mortgagee of a lot, as ascertained from the roll, at least 14 days before the meeting and shall—(a) set forth the date and time when and the place where the meeting is to be held and set forth as the agenda of the meeting the items referred to in section 29 (2) of this Act and, if an item referred to in section 29 (2A) of this Act is to be moved, that item and any other appropriate items; and(b) inform each person to whom the notice is addressed that the person or, where the notice is addressed to a corporation, a company nominee of the corporation, may vote at the meeting—(i) in the case of a proprietor of a lot subject to a mortgage shown on the roll—only in accordance with section 131 of this Act; and(ii) except in the case of a motion requiring a unanimous resolution or resolution without dissent—only if all contributions levied and payable on the lot, and any other moneys recoverable under this Act by the body corporate from the person to whom the notice has been addressed at the date of the notice (being contributions levied on the person, or moneys recoverable from the person, in respect of the lot of which the person is the proprietor or first mortgagee) have been duly paid before the commencement of the meeting; and(iii) either in person at the meeting or by proxy given in writing to the secretary of the body corporate before a time specified in the notice (being a time not later than the time for the holding of the meeting).
(2) Notwithstanding subsection (1) , where the meeting referred to in that subsection is a meeting of a body corporate continued by the operation of section 5 (3) of this Act, notice of that meeting may be served on a proprietor or first mortgagee of a lot whose name does not appear on the roll by prominently displaying the notice, in the case of a building units plan, within the building on some part of the common property or, in the case of a group titles plan, on some part of the common property.
(3) Where it is served on a first mortgagee of a lot, notice of the meeting shall include the name of the proprietor of the lot and the addresses of the lot.
(4) A meeting shall not be held at any place outside a radius of 15km from the parcel if, prior to the commencement of the meeting, 25% of the persons entitled to vote at the meeting object to that place by notice in writing to the secretary of the committee.
(1) A motion shall not be submitted to the meeting unless it relates to the business of the meeting.
(2) A person is not entitled to move a motion at a meeting or to nominate a person for election as the chairperson, secretary or treasurer of the body corporate or a member of the committee unless the person is entitled to vote on that motion or in that election.
(3) For the purposes of subsection (2) , a proprietor who but for the existence of a mortgage over the proprietor’s lot would be entitled to vote on a motion or in an election or a company nominee of any such proprietor that is a corporation shall be deemed to be entitled to vote on that motion or in that election.
(1) Subject to section 131 of this Act, a person is entitled to vote at a meeting in respect of any lot only if the person is the proprietor of that lot as shown on the roll or, where the proprietor so shown is a corporation, the company nominee of that corporation as shown on that roll.
(2) Notwithstanding any other provision of this section, a first mortgagee of a lot as shown on the roll, or, where the first mortgagee is a corporation, the company nominee, as shown on that roll, of that corporation is entitled to cast a vote at a meeting in respect of that lot in accordance with section 131 of this Act.
(3) Notwithstanding section 53 (11) of this Act coproprietors or comortgagees shall only be entitled to cast a vote by a person duly appointed in writing as a proxy by them jointly and if notice of the person’s appointment has been given to the secretary of the body corporate before the commencement of the meeting.
(4) Only the proprietor entitled to the first of 2 or more successive estates in a lot is, subject to this part, entitled to cast a vote at a meeting.
(5) A proprietor who is the trustee of a lot is, subject to this part, entitled to cast a vote at a meeting and the persons beneficially interested in the trust are not entitled to cast a vote.
(6) Notwithstanding any other provision of this Act, a person shall not be entitled to cast a vote at a meeting except in respect of a motion for a resolution which to be effective must be passed by unanimous resolution or resolution without dissent unless—(a) all contributions levied and due and payable at least 30 days before the meeting in respect of the lot in respect of which the person is entitled to vote; and(b) any other moneys recoverable under this Act by the body corporate from the person at the date of the notice given under section 3 (1) ;have been duly paid before the commencement of the meeting.
(7) The voting rights conferred by this section are subject to section 53 (11) and (12) of this Act.
(1) Business shall not be considered at a meeting unless the number of persons present at that meeting either personally or by proxy and entitled to vote constitutes a quorum.
(2) Except as provided in subsection (3) , one-fourth of the persons entitled to vote on any matter at a meeting constitutes a quorum for considering that matter.
(3) Where there is no quorum, as provided in subsection (2) , for considering any matter at a meeting within one-half hour after that matter arises for consideration at that meeting, the meeting shall stand adjourned to the same day in the next week at the same place and time and if there is no quorum, as provided in subsection (2) , for considering that matter at the adjourned meeting within one-half hour after that matter arises for consideration, the number of persons present personally or by proxy and entitled to vote constitutes a quorum for considering that matter.
The chairperson of a meeting may rule a motion out of order if the chairperson considers that the motion, if carried, would conflict with this Act or the by-laws or would otherwise be unlawful or unenforceable.
Except as provided in section 5 (3) , a vote may be cast at a meeting by a person entitled to vote, either personally or by the person’s proxy duly appointed in writing.
The chairperson of the body corporate, if present shall preside at the meeting and, in the chairperson’s absence, the persons present and entitled to vote at the meeting may elect one of their number to preside at the meeting and the person so elected shall, while the person is so presiding, be deemed to be the chairperson of the body corporate.
The chairperson at a meeting shall have available for inspection, before submitting a matter to a vote at the meeting, a list of the names of the persons who are entitled to vote on that matter.
Each person entitled to vote on an election of the chairperson, secretary and treasurer of the body corporate and other members of the committee has 1 vote in respect of each lot in respect of which the person is entitled to vote.
(1) Subject to this section, a motion submitted at a meeting shall be decided according to the number of votes cast for and against the motion, whether personally or by proxy, each person entitled to vote having 1 vote in respect of each lot in respect of which the person is entitled to vote.
(2) If—(a) a poll is demanded by any person entitled to vote at a meeting on a motion submitted at that meeting, whether or not the motion has been decided in accordance with subsection (1) , and the demand is made by that person personally at the meeting; or(b) a motion submitted at the meeting is for a resolution which, if it is to be effective, is required by this Act to be a special resolution;the motion shall be decided according to the value, ascertained in accordance with subsection (3) , of the votes cast for and against the motion, whether personally or by proxy.
(3) For the purposes of subsection (2) the value of a vote cast on a motion submitted at a meeting by a person entitled to vote in respect of a lot is equal to the lot entitlement of that lot.
(4) Any one coproprietor or comortgagee may demand a poll and on any poll each coproprietor or comortgagee shall be entitled to such part of the vote applicable to a lot as is proportional to his or her interest in the lot.
(4A) A joint proxy (if any) on a poll shall have a vote proportional to the interests in the lot of such of the coproprietors or comortgagees as do not vote personally or by individual proxy.
(5) A poll shall be taken in such manner as the chairperson thinks fit.
(6) A demand for a poll may be withdrawn by the person who made it.
(7) In the case of equality in the votes whether on a show of hands or on a poll the chairperson of the meeting shall be entitled to a casting vote in addition to the chairperson’s original vote whether or not the chairperson has exercised that original vote.
The declaration of the chairperson of the result of the voting on any motion submitted at a meeting, otherwise than on a poll, shall be conclusive without proof of the votes recorded for or against the motion.
A unanimous resolution, resolution without dissent or special resolution of a body corporate may not be amended or revoked at a meeting except by a subsequent unanimous resolution, resolution without dissent or special resolution, as the case may be.
(1) An instrument appointing a proxy shall be in writing under the hand of the person making the appointment or the person’s attorney, and may be either general or for a particular meeting.
(2) A proxy need not be a proprietor.
(2) A general meeting of a body corporate (in this section called an
"extraordinary general meeting" ), which is not an annual general meeting, shall be held whenever it is convened by the committee.
(2A) All business shall be deemed special which is transacted at an annual general meeting (with the exception of the consideration of accounts and the election of the chairperson, secretary and treasurer of the body corporate and other members of the committee) or at an extraordinary general meeting.
(3) Without limiting the power of a committee under subsection (2) —(a) the secretary of a committee or, in the secretary’s absence, any member of the committee shall convene an extraordinary general meeting of the body corporate as soon as practicable after he or she receives a requisition for an extraordinary general meeting signed by 1 or more persons entitled to vote in respect of 1 or more lots, the lot entitlement or the sum of the lot entitlements of which is at least one-fourth of the aggregate lot entitlement; and(b) where a member of the committee other than the secretary receives a requisition to convene an extraordinary general meeting of the body corporate under this subsection, the member may give, on behalf of the committee, the notice required to be given under subsection (4) .
(4) Notice of a general meeting of a body corporate shall—(a) be served on each proprietor and first mortgagee of a lot, as ascertained from the roll, at least 7 days before the meeting; and(b) set forth the date and time when and the place where the meeting is to be held; and(c) where it is so served on a first mortgagee of a lot—include the name of the proprietor of the lot and the addresses of the lot; and(d) set forth the business of the meeting and therein, in respect of each motion to be considered by the meeting, specify whether the motion to be carried requires a resolution, special resolution, resolution without dissent or unanimous resolution; and(e) where it is so served pursuant to a requisition referred to in subsection (3) (a) , specify a date for the convening of the extraordinary general meeting to which it relates that is not later than 1 month after the date on which the secretary or member, as the case may be, of the committee received the requisition.
(4AA) Nothing in subsection (4) (a) requires a proprietor to serve on himself or herself notice referred to therein.
(4A) A general meeting of a body corporate shall not be held at any place outside a radius of 15km from the parcel if, prior to the commencement of the meeting, 25% of the persons entitled to vote at the meeting object to that place by notice in writing to the secretary of the committee.
(5) Every notice for an annual general meeting shall—(a) be accompanied by a copy of the statement of accounts of the body corporate last prepared by the body corporate in accordance with section 38D (1) (c) of this Act and, where the accounts of the body corporate for that period are required by this Act to be audited a copy of a certificate by the auditor certifying whether the statement of accounts—(i) is in agreement with the accounts; and(ii) in the auditor’s opinion fairly sets out the financial transactions for the period to which it relates and shows a true and fair view of the state of affairs at the close of that period; and(b) include a form of motion for adoption of those accounts; and(ba) include a form of motion for the appointment of a qualified auditor to audit the accounts of the body corporate for the next ensuing financial year; and(c) when necessary, be accompanied by a ballot paper for the election of candidates as chairperson, secretary and treasurer of the body corporate and as other members of the committee; and(d) if no nomination is received for any such position prior to the closing date, contain advice that the position will be filled from nominations received from the floor of the meeting.
(5A) The notice for an annual general meeting may include a motion that the accounts of the body corporate relating to the next ensuing financial year shall not be audited.
(5B) However, such a motion shall not be carried except by a special resolution.
(5C) If the motion is so carried the motion referred to in subsection (5) (ba) shall not be proceeded with.
(5D) Nothing in subsections (5A) to (5C) shall prevent a body corporate resolving by ordinary resolution that the accounts of the body corporate relating to any period specified in the resolution shall be audited.
(6) Every notice for an annual general meeting or an extraordinary general meeting shall—(a) include—(i) a form of motion to confirm the minutes of the last general meeting; and(ii) where the notice is for a meeting required to be convened by a person appointed under section 43 (5) of this Act for the purpose of appointment of members of a committee, a form of motion for election of those members; and(iii) a form of each other motion which—(A) relates to the striking of a special monetary levy on all proprietors; or(B) seeks to alter the rights, privileges or obligations of proprietors; or(C) seeks to alter the annual monetary contribution of proprietors;to be considered at the meeting; and(b) be accompanied by—(i) a voting paper in respect of each motion referred to in paragraph (a) to be considered and determined at the meeting for use by a person entitled to vote if the person wishes to cast a vote in writing; and(ii) a copy of the minutes of the last general meeting; and(c) inform each person to whom the notice is addressed that the person or, where the notice is addressed to a corporation, a company nominee of the corporation may vote in respect of each motion and, where relevant, on election of the chairperson, secretary and treasurer of the body corporate and other members of the committee—(i) in the case of a proprietor of a lot subject to a mortgage shown on the roll—only in accordance with section 131 of this Act; and(ii) except in the case of a motion requiring a unanimous resolution or a resolution without dissent—only if all contributions levied in respect of the lot and due and payable at least 30 days before the meeting, and any other moneys recoverable under this Act by the body corporate from the person to whom the notice is addressed at the date of the notice (being contributions levied on the person, or moneys recoverable from the person, in respect of the lot of which the person is the proprietor or first mortgagee) have been duly paid before the commencement of the meeting; and(iii) either—(A) in person at the meeting; or(B) by a person appointed in writing given to the secretary of the body corporate before a time specified in the notice (being a time not later than the time for the holding of the meeting) as a proxy; or(C) in respect of some or all of the motions set out in the notice by casting the person’s vote on the voting paper referred to in paragraph (b) accompanying the notice; or(D) in respect of the election of the chairperson, secretary or treasurer of the body corporate and other members of the committee, by furnishing to the secretary of the body corporate the ballot paper given to the person in accordance with subsection (5) (c) indicating the person’s vote thereon.
(6A) A person is not entitled to submit a motion for inclusion in the agenda of a meeting, to move a motion at the meeting or to nominate a person for election as the chairperson, secretary or treasurer of the body corporate or a member of the committee unless the person is entitled to vote on that motion or in that election.
(6B) For the purposes of subsection (6A) , a proprietor who but for the existence of a mortgage over the proprietor’s lot or the proprietor’s failure to pay any contribution levied or other amount recoverable by the body corporate, would be entitled to vote on a motion or in an election or a company nominee of any such proprietor that is a corporation shall be deemed to be entitled to vote on that motion or in that election.
(7) A motion shall not be submitted at a general meeting unless notice of the motion has been given in accordance with this section.
(8) A reference in subsection (7) to a motion includes a reference to a motion to amend a motion unless there is no vote cast in writing, as referred to in section 5 (b) , in respect of the motion sought to be amended.
(9) The chairperson of a general meeting may with the consent of the meeting adjourn any general meeting from time to time and from place to place but no business shall be transacted at an adjourned meeting other than the business left unfinished at the meeting from which the adjournment took place.
(10) No business shall be raised at a meeting unless that business is set forth in the notice of the meeting.
(1) Subject to section 131 of this Act, a person is entitled to vote in respect of any lot on any motion submitted at a general meeting of a body corporate or on an election of the chairperson, secretary and treasurer of the body corporate and other members of the committee only if the person is the proprietor of that lot as shown on the roll or, where the proprietor so shown is a corporation, the company nominee of that corporation as shown on that roll.
(2) Notwithstanding any other provision of this section, a first mortgagee of a lot, as shown on the roll, or, where the first mortgagee is a corporation, the company nominee, as shown on that roll, of that corporation is entitled to vote in respect of that lot on any motion submitted at a general meeting of a body corporate or on an election of the chairperson, secretary and treasurer of the body corporate and members of the committee in accordance with section 131 .
(3) Notwithstanding section 53 (11) of this Act, coproprietors or comortgagees including, where a coproprietor or comortgagee is a corporation, the company nominee of that corporation as shown on the roll shall only be entitled to cast a vote by a person duly appointed in writing as a proxy by them jointly and if notice of the person’s appointment has been given to the secretary of the body corporate before the commencement of the meeting at which the vote is cast or by furnishing to the secretary of the body corporate a voting paper referred to in section 1 (6) (b) indicating their joint vote on that motion or, where relevant, a ballot paper, duly completed, referred to in section 1 (5) (c) .
(4) Only the proprietor entitled to the first of 2 or more successive estates in a lot or, where that proprietor is a corporation, the company nominee of that corporation as shown on the roll is, subject to this part, entitled to cast a vote on a motion submitted at a general meeting of a body corporate or on an election of the chairperson, secretary and treasurer of the body corporate and other members of the committee.
(5) A proprietor who is the trustee of a lot or, where that proprietor is a corporation, the company nominee of that corporation as shown on the roll is, subject to this part, entitled to cast a vote on a motion submitted at a general meeting of a body corporate or on an election of the chairperson, secretary and treasurer of the body corporate and other members of the committee and the persons beneficially interested in the trust are not entitled to cast such a vote.
(6) Notwithstanding any other provision of this Act, at a general meeting of the body corporate a person shall not be entitled to vote in respect of—(a) any motion other than a motion which to be effective must be passed by unanimous resolution or resolution without dissent; or(b) the election of the chairperson, secretary or treasurer of the body corporate or the other members of the committee;unless—(c) all contributions levied and due and payable at least 30 days before the meeting in respect of the lot in respect of which the person is entitled to vote; and(d) any other moneys recoverable under this Act by the body corporate from the person or the proprietor of the lot at the date of the notice given under section 1 (4) ;have been duly paid before the commencement of the meeting.
(7) The voting rights conferred by this section are subject to section 53 (11) and (12) of this Act.
(1) A motion submitted at a general meeting of a body corporate shall not be considered at that meeting and an election of the chairperson, secretary and treasurer of the body corporate and other members of the committee shall not be held at a meeting of the body corporate unless the number of persons present at that meeting either personally or by proxy and entitled to vote, together with the number of voters whose votes are cast in writing on that motion or election, constitute a quorum for considering that motion or holding that election.
(2) Except as provided in subsection (3) , one-fourth of the persons entitled to vote on a motion or on an election of chairperson, secretary and treasurer of the body corporate and other members of the committee constitute a quorum for considering that motion or holding that election.
(3) Where there is no quorum, as provided in subsection (2) , for considering any motion or holding an election of chairperson, secretary and treasurer of the body corporate and other members of the committee at a general meeting of a body corporate within one-half hour after that motion or business arises for consideration at that meeting, the meeting shall stand adjourned to the same day in the next week at the same place and time and if there is no quorum, as provided in subsection (2) , for considering that motion or holding that election at the adjourned meeting within one-half hour after that motion or business arises for consideration, the number of persons present personally or by proxy and entitled to vote, together with the number of voters whose votes are cast in writing on that motion or on that election, constitute a quorum for considering that motion or business.
(4) A general meeting of a body corporate is, subject to this section, validly held notwithstanding that the only person present at the meeting is the chairperson of the body corporate.
At a general meeting of a body corporate the chairperson may rule that a motion submitted at the meeting is out of order if—
(a) the chairperson considers that the motion, if carried, would conflict with this Act or the by-laws or would otherwise be unlawful or unenforceable; or
(b) except in respect of a motion to amend a motion†” section 1 (7) has not been complied with with respect to the motion; or
(c) in respect of a motion to amend a motion—there is any vote cast in writing, as referred to in section 5 (b) , in respect of the motion sought to be amended.
Except as provided in section 2 (3) , a vote on a motion submitted at a general meeting of a body corporate or on an election of the chairperson, secretary and treasurer of the body corporate and other members of the committee may be cast—
(a) by the person entitled to vote, either personally or by the person’s proxy duly appointed in writing; or
(b) by furnishing to the secretary of the body corporate a voting paper referred to in section 1 (6) (b) indicating the vote of the person entitled to vote on that motion or a ballot paper, duly completed, referred to in section 1 (5) (c) , as the case may be.
Notwithstanding that a person entitled to vote at a general meeting of a body corporate has cast a vote on a motion submitted at that meeting or on an election of the chairperson, secretary and treasurer of the body corporate and other members of the committee by indicating the person’s vote on that motion on a voting paper referred to in section 1 (6) (b) or ballot paper referred to in section 1 (5) (c) , if the person attends that meeting either personally or by another person holding a proxy, the person may before commencement of the business of the meeting notify the chairperson or secretary of the body corporate that the person withdraws that voting paper or ballot paper and, where the person does so—
(a) for the purpose of determining whether there is a quorum for consideration of any such motion or for the holding of any such election at the meeting, the person’s voting paper or ballot paper, as the case may be, shall be disregarded; and
(b) for the purpose of counting the votes on that motion or that election, the person’s voting paper or ballot paper shall be disregarded; and
(c) the person or the person’s proxy duly appointed in writing may vote on that motion or that election at the meeting in the same manner as if the person had not furnished that voting paper or ballot paper.
The chairperson of a body corporate shall preside at a general meeting of the body corporate at which the chairperson is present and, in the chairperson’s absence from any such meeting, the persons present at that meeting and entitled to vote on motions submitted at that meeting may elect a person present at the meeting to preside at that meeting and the person so elected shall, while the person is so presiding, be deemed to be the chairperson of the body corporate.
At a general meeting, the chairperson may appoint persons as scrutineers who shall be entitled to inspect all voting papers and ballot papers furnished to the secretary of the body corporate under section 5 (b) and relating to business at that meeting.
The chairperson at a general meeting of the body corporate shall have available for inspection, before submitting a motion to the meeting or the holding of the election of the chairperson, secretary and treasurer of the body corporate and other members of the committee, a list of the names of the persons who are entitled to vote on that motion or at that election.
Each person entitled to vote on an election of the chairperson, secretary and treasurer of a body corporate and other members of the committee has 1 vote in respect of each lot in respect of which the person is entitled to vote.
(1) Subject to this section, a motion submitted at a general meeting of a body corporate shall be decided according to the number of votes cast for and against the motion, whether personally, by proxy or in writing, each person entitled to vote having 1 vote in respect of each lot in respect of which the person is entitled to vote.
(2) If—(a) a poll is demanded by any person entitled to vote at a general meeting of a body corporate on a motion submitted at that meeting, whether or not the motion has been decided in accordance with subsection (1) , and the demand is made by that person personally at the meeting or on the voting paper on which the person votes in respect of that motion; or(b) a motion submitted at such a meeting is for a resolution which, if it is to be effective, is required by this Act to be a special resolution;the motion shall be decided according to the value, ascertained in accordance with subsection (3) , of the votes cast for and against the motion, whether personally, by proxy or in writing.
(3) For the purposes of subsection (2) the value of a vote cast on a motion submitted at a general meeting of a body corporate by a person entitled to vote in respect of a lot is equal to the lot entitlement of that lot.
(4) Any one coproprietor or comortgagee may demand a poll and on any poll each coproprietor or comortgagee shall be entitled to such part of the vote applicable to a lot as is proportional to his or her interest in the lot.
(4A) A joint proxy (if any) on a poll shall have a vote proportional to the interests in the lot of such of the coproprietors or comortgagees as do not vote personally or by individual proxy.
(5) A poll shall be taken in such manner as the chairperson thinks fit.
(6) A demand for a poll may be withdrawn by the person who made it.
(7) In the case of equality in the votes whether on a show of hands or in a poll the chairperson of the meeting shall be entitled to a casting vote in addition to the chairperson’s original vote whether or not the chairperson has exercised that original vote.
The declaration of the chairperson of the result of the voting on any motion submitted at a general meeting of the body corporate, otherwise than on a poll, shall be conclusive without proof of the votes recorded for or against the motion.
(1) Any person entitled to vote at a general meeting of a body corporate may by notice in writing served on the secretary of the committee require inclusion in the agenda of the next general meeting of the body corporate (other than a meeting in respect of which notices have already been given under section 1 (4) ) of a motion set out in the firstmentioned notice and the secretary shall comply with the notice.
(2) For the purposes of subsection (1) , a proprietor who but for the existence of a mortgage over the proprietor’s lot or the proprietor’s failure to pay any contribution levied or other amount recoverable by the body corporate would be entitled to vote at a general meeting of the body corporate or a company nominee of any such proprietor that is a corporation shall be deemed to be entitled to vote at that meeting.
A unanimous resolution, resolution without dissent or special resolution of a body corporate may not be amended or revoked except by a subsequent unanimous resolution, resolution without dissent or special resolution, as the case may be.
Until the offices of chairperson, secretary and treasurer of the body corporate are filled the powers, authorities, duties and functions conferred or imposed on the holders of those offices shall be exercised and performed by the original proprietor or by the original proprietor’s agent duly authorised in writing.
(1) Until the first annual general meeting of the body corporate, the original proprietor of the body corporate may convene an extraordinary general meeting and shall do so on receipt of a requisition signed by 1 or more persons entitled to vote in respect of 1 or more lots, the lot entitlement or the sum of the lot entitlements of which is at least one-fourth of the aggregate lot entitlement.
(2) The provisions of this part (other than section 1 (2) , (2A) , (3) and (5) ) apply to and in respect of a meeting referred to in subsection (1) so far as those provisions are not inconsistent with, or incapable of applying to, such a meeting.
(1) An instrument appointing a proxy shall be in writing under the hand of the person making the appointment or the person’s attorney, and may be either general or for a particular meeting.
(2) A proxy need not be a proprietor.