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BODY CORPORATE AND COMMUNITY MANAGEMENT (STANDARD MODULE) REGULATION 2020 - SCHEDULE 1
SCHEDULE 1 – Dictionary
"address for service" , of a person in relation to a community titles scheme,
means—
(a) if the person has given an Australian postal address— the
address the person has most recently advised the body corporate is the
person’s address; or
(b) if the person has given an Australian postal
address and an email address—the Australian postal address or email address
the person has most recently advised the body corporate is the person’s
address.
"authorised action or document" , for chapter 10 , part 2 , see section 239 .
"body corporate debt" means a following amount owed by a lot owner to the body
corporate— (a) a contribution or an instalment of a contribution;
(b) a
penalty for not paying a contribution or an instalment of a contribution by
the date for payment;
(c) another amount associated with the ownership of a
lot. Examples of another amount— • an annual payment for parking under
an exclusive use by-law
• an amount owing to the body corporate for lawn
mowing services arranged by the body corporate on behalf of the owner
"building" , for chapter 8 , part 6 , see section 195 .
"building format" see the Land Title Act 1994 , section 48C .
"candidate" , for election as a member of a committee, see section 18 (2) .
"chapter 3, part 5 engagement" means an engagement of a body corporate manager
under chapter 3 , part 5 to carry out the functions of a committee and its
executive members.
"corporate owner" , of a lot included in a community titles scheme (
"scheme A" ), means a corporation that is the owner of the lot (other than the
body corporate for another community titles scheme that is a lot included in
scheme A, in its capacity as the body corporate for a subsidiary scheme for
scheme A). Note— Nevertheless, the body corporate for a community titles
scheme (
"scheme A" ) could be a corporate owner of a lot included in another community
titles scheme (
"scheme B" ) if the lot included in scheme B is not itself a community titles
scheme, and the body corporate for scheme A merely holds the lot as a body
corporate asset for scheme A.
"corporate owner nominee" , for a lot included in a community titles scheme
whose owner is a corporate owner, means the nominee of the corporate owner for
representing the corporate owner on the body corporate.
"corresponding provision" , for chapter 10 , part 2 , see section 239 .
"damage" , for chapter 8 , part 6 , see section 195 .
"date for payment" see section 163 (1) (c) .
"debtor member" see section 64 (1) .
"defect assessment motion" means a motion proposing the engagement of an
appropriately qualified person to prepare a defect assessment report for
property, other than a body corporate asset, the body corporate must insure,
for full replacement value, under sections 197 (1) , 198 (2) and 199 (2) .
"defect assessment report" means a report that— (a) identifies any building
work, within the meaning of the
Queensland Building and Construction Commission Act 1991 , schedule 2 , that
is defective; and
(b) if reasonably practicable, identifies— (i) the cause
of the defective building work; and
(ii) the building work required to
rectify the defective building work.
"document" , for chapter 9 , part 2 , see section 215 .
"elected member" , for chapter 3 , part 2 , division 2 , subdivision 8 , see
section 40 .
"electronic communication" see the
Electronic Transactions (Queensland) Act 2001 , schedule 2 .
"enter" , for chapter 6 , part 4 , division 2 , see section 145 .
"family" , of an individual, means the following persons— (a) the
individual’s spouse;
(b) each of the children of the individual or the
individual’s spouse who is 18 years or more, including a step-child or an
adopted child;
(c) each of the individual’s parents, including a
step-parent;
(d) a brother or sister of the individual.
"group of same-issue motions" see section 89 (2) .
"indictable offence" includes an indictable offence dealt with summarily,
whether or not the Criminal Code , section 659 applies to the indictable
offence.
"initial contract date" , for chapter 6 , part 4 , division 2 , see
section 145 .
"intended to be developed progressively" , in relation to a community titles
scheme, means a scheme for which the number of lots included in the scheme may
be increased through the progressive subdivision of lots to create further
lots to be included in the scheme under the Land Title Act 1994 , section 115I
.
"made" , for chapter 10 , part 2 , see section 239 .
"maximum number" , of voting members for a committee, means— (a) if the
community titles scheme includes 7 or more lots, and it is a principal scheme
in a layered arrangement of community title schemes, and the body corporate
decides by ordinary resolution that the number of members of the committee
must be greater than 7 but not more than 12—the number decided by the body
corporate; or
(b) if the community titles scheme includes 7 or more lots and
paragraph (a) does not apply—7; or
(c) if the community titles scheme
includes fewer than 7 lots—the number equalling the number of lots.
"minor committee" see section 13 (8) .
"nominating entity" see section 10 (1) .
"non-recurrent" , for expenditure, means not recurrent.
"non-voting member" , of the committee, see section 12 (2) .
"number of layered lots" , for a principal scheme in a layered arrangement of
community titles schemes, means the total of— (a) the number of lots (if
any) in the principal scheme that are not a community titles scheme; and
(b)
for each lot in the principal scheme that is a community titles scheme—the
number of lots in the community titles scheme.
"obligation" , for chapter 10 , part 2 , see section 239 .
"occupation authority" see section 157 .
"open motion" means a motion decided by the body corporate other than by
secret ballot.
"ordinary member" , of the committee, means a member of the committee other
than an executive member or a person who is a non-voting member.
"original motions" see section 89 (1) .
"prescribed period" , for chapter 6 , part 4 , division 2 , see section 146 .
"property occupier" see section 157 .
"proposed budget amount" means the amount of a proposed administrative fund or
sinking fund budget accompanying the notice of an annual general meeting of a
body corporate.
"qualifying motion" see section 89 (4) .
"reconciliation statement" see section 170 (2) .
"recurrent" , for expenditure, means normally made annually or more
frequently.
"reinstatement insurance" means insurance taken out under sections 198 and 199
.
"relevant annual general meeting" , for chapter 3 , part 2 , division 2 ,
subdivision 8 , see section 40 .
"relevant limit for committee spending" , for a community titles scheme,
means— (a) the amount last set as the relevant limit for committee spending
by ordinary resolution of the body corporate at a general meeting; or
(b) at
any time there is no amount set, an amount worked out by multiplying $200
by— (i) for a principal scheme in a layered arrangement of community titles
schemes—the number of layered lots for the scheme; or
(ii) for another
scheme—the number of lots included in the scheme.
"relevant limit for major spending" , for a community titles scheme, means—
(a) the amount last set as the relevant limit for major spending by ordinary
resolution of the body corporate at a general meeting; or
(b) at any time
there is no amount set, the lesser of the following amounts— (i) an amount
worked out by multiplying $1,100 by— (A) for a principal scheme in a layered
arrangement of community titles schemes—the number of layered lots for the
scheme; or
(B) for another scheme—the number of lots included in the
scheme;
(ii) $10,000.
"relevant person" — (a) for chapter 6 , part 6 , see section 153 ; or
(b)
for chapter 9 , part 2 , see section 215 .
"relevant policy of insurance" see section 172 (4) .
"repealed" , for chapter 10 , part 2 , see section 239 .
"repealed provision" , for chapter 10 , part 2 , see section 239 .
"repealed regulation" , for chapter 10 , part 2 , see section 239 .
"requested extraordinary general meeting" see section 84 .
"residential or business address" , of a person in relation to a community
titles scheme, means the following address most recently notified to the body
corporate under this regulation— (a) for an individual—the person’s
residential address;
(b) for a corporation—the person’s business address.
"roll" , of a body corporate, means the roll prepared and kept by the body
corporate under section 224 .
"scheme A" see section 103 (1) .
"scheme B" see section 103 (1) .
"secret voting paper" see section 88 (2) .
"stand-alone building" , on a lot included in a community titles scheme, means
a building having no common wall with a building on another lot.
"standard format" see the Land Title Act 1994 , section 48B .
"statutory motion" , for an annual general meeting, means a motion about a
following matter— (a) presenting the body corporate’s accounts for the
financial year;
(b) appointing an auditor of the body corporate’s accounts
for the next financial year, or not auditing the accounts;
(c) adopting
administrative fund and sinking fund budgets for the financial year;
(d)
fixing contributions to be paid by the owners of lots for the next financial
year;
(e) reviewing each insurance policy held by the body corporate.
"subsidiary scheme representative" see section 103 .
"transfer fee" , for chapter 6 , part 4 , division 2 , see section 147 (1) .
"transferor" , for chapter 6 , part 4 , division 2 , see section 144 .
"unexpired term" , for chapter 6 , part 3 , see section 136 .
"volumetric format" see the Land Title Act 1994 , section 48D .
"voluntary insurance scheme" see section 204 (2) .
"voter" , for a general meeting of a body corporate, see section 101 .
"voting member" , of the committee, means a member of the committee other than
a non-voting member.
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