Queensland Consolidated Acts

BUILDING UNITS AND GROUP TITLES ACT 1980 - SCHEDULE 4

SCHEDULE 4 – Provisions applying to committees and office bearers

1 Committee’s power to employ agents and servants

Subject to sections 46 , 48 and 50 of this Act, a committee may employ for and on behalf of the body corporate such agents and servants as it thinks fit in connection with the exercise and performance of the powers, authorities, duties and functions of the body corporate.

2 Noticeboard

A committee shall cause a noticeboard to be affixed to some part of the common property.

3 Meetings and delegation of powers and duties

The committee may—

(a) subject to sections 4 and 5 , meet together for the conduct of business, adjourn and otherwise regulate its meetings as it thinks fit; or

(b) subject to any restriction imposed or direction given at a general meeting, delegate to 1 or more of its members such of its powers and duties as it thinks fit and at any time revoke such delegation.

4 Meeting at request of members

The secretary of the body corporate or in the secretary’s absence, any member of the committee, at the request of not less than one-third of the members of the committee, shall convene a meeting of the committee within the period of time (if any) specified in the request or, if not so specified, within 7 days of the making of the request.

5 Place of meeting

A meeting of the committee shall not be held at any place outside a radius of 15km from the parcel if, prior to the commencement of the meeting, any person entitled to vote at that meeting objects to that place by notice in writing to the secretary of the committee.

6 Notice of committee meetings

(1) The secretary of the committee must serve notice of a meeting of the committee on—

(a) each member of the committee; and

(b) each proprietor; and

(c) each first mortgagee of a lot.

(2) The notice must be served—

(a) at least 7 days before the meeting; or

(b) at least 2 days before the meeting, if all voting members of the committee—

(i) vote, at the last meeting of the committee held before the proposed meeting, in favour of the reduced notice period for the proposed meeting; or

(ii) agree in writing to the reduced notice period for the proposed meeting.

(3) The notice must—

(a) state when and where the meeting is to be held; and

(b) be accompanied by the agenda for the meeting.

(4) A copy of the notice must be placed on the noticeboard at least 24 hours before the meeting.

(5) Subsection (1) does not apply in relation to a person who—

(a) has given the secretary of the committee a written notice instructing the secretary that the person does not wish to be given notice of meetings of the committee; and

(b) has not withdrawn the instruction.

7 Voting in writing by members of committee

(1) This section applies if—

(a) the secretary of the committee—

(i) places a copy of a motion for a proposed resolution on the noticeboard; and

(ii) serves a copy of the motion on each member of the committee; and

(iii) gives a copy of the motion to each proprietor and first mortgagee of a lot; and

(b) a majority of the members of the committee approve the resolution in writing.

(2) The resolution is, subject to section 45 (3) of this Act, as valid as if it had been duly passed at a duly convened meeting of the committee.

(3) Subsection (1) (a) (iii) does not apply—

(a) in relation to a proprietor or first mortgagee of a lot who—

(i) has given the secretary of the committee a written notice instructing the secretary that the person does not wish to be given copies of motions; and

(ii) has not withdrawn the instruction; or

(b) in an emergency.

(4) Sections 45A and 45B of this Act apply in relation to a voting member of a committee voting under this section in the same way as they apply in relation to a voting member of a committee voting at a meeting of the committee that is held.

8 Minute of certain resolutions to be included in committee’s minutes

The committee shall cause to be included in its minutes a minute of all resolutions passed pursuant to section 7 .

9 Acts etc. of committee valid notwithstanding vacancies

Any act or proceeding of a committee done in good faith is, notwithstanding that at the time when the act or proceeding was done, taken or commenced there was—

(a) a vacancy in the office of a member of the committee; or

(b) a defect in the appointment, or a disqualification of a member;

10 Powers and duties of secretary

The powers and duties of a secretary of a body corporate include—

(a) the preparation and distribution of minutes of meetings of the body corporate and the submission of a motion for confirmation of the minutes of any meeting of the body corporate at the next such meeting; and

(b) the giving on behalf of the body corporate and of the committee of the notices required to be given under this Act; and

(c) the maintenance of the roll; and

(d) the supply of information on behalf of the body corporate in accordance with section 40 (1) (a) and (b) of this Act; and

(e) the answering of communications addressed to the body corporate; and

(f) the calling of nominations of candidates for election as chairperson, secretary and treasurer of the body corporate and other members of the committee; and

(g) subject to sections 5 (7B) , 29 (1) and (6) and 43 (3) of this Act and section 3 (b) , the convening of meetings of the body corporate and of the committee.

11 Powers and duties of treasurer

The powers and duties of a treasurer of a body corporate include—

(a) the notifying of proprietors of any contributions levied pursuant to this Act; and

(b) the receipt, acknowledgement and depositing at a financial institution of and the accounting for any money paid to the body corporate; and

(c) the preparation of any certificate applied for under section 40 (1) (c) of this Act; and

(d) the keeping of the books of account referred to in section 38D (1) (b) of this Act and the preparation of the statement of accounts referred to in section 38D (1) (c) of this Act.