Queensland Consolidated Regulations

BODY CORPORATE AND COMMUNITY MANAGEMENT (ACCOMMODATION MODULE) REGULATION 2020 - REG 64

64 When body corporate manager may be engaged to carry out functions of committee and its executive members [SM, s 74]

(1) The body corporate may—

(a) engage a body corporate manager to carry out the functions that would, if there were a committee for the body corporate, be carried out by the committee and each executive member of the committee; and

(b) agree to an amendment of the engagement.

Notes—

1 Under section 8 , there is no committee for the body corporate if the body corporate engages a body corporate manager under this part to carry out the functions of a committee and each executive member of a committee.

2 See also section 120 of the Act .

(2) The body corporate may act under subsection (1) only if—

(a) the original owner control period has ended; and

(b) the body corporate passes a special resolution approving the engagement or amendment and, for the passing of the resolution, no votes are exercised by proxy; and

(c) for an engagement—the motion approving the engagement is decided at a general meeting mentioned in subsection (3) by secret ballot unless the body corporate decides by ordinary resolution that the ballot may be an open ballot; and

(d) the material given to members of the body corporate for the general meeting that considers the motion includes—

(i) for an engagement—the terms of the engagement and an explanatory note in the approved form explaining the nature of the engagement; or

(ii) for an agreement to amend an engagement—the terms, and an explanation of the effect, of the amendment.

(3) For subsection (2) (c) , the general meeting can be—

(a) an annual general meeting at which—

(i) at least 1 executive member position on the committee is not filled; or

(ii) the total number of voting members of the committee elected is less than 3; or

(b) an extraordinary general meeting called under part 2 , division 2 , subdivision 6 if, after any appointment under section 34 of persons as executive or ordinary members of the committee—

(i) at least 1 executive member position on the committee is not filled; or

(ii) the total number of voting members of the committee is less than 3; or

(c) a general meeting called under section 40 if, after the election to fill all vacant positions on the committee is conducted at the meeting—

(i) at least 1 executive member position on the committee is not filled; or

(ii) the total number of voting members of the committee is less than 3.

(4) However, if the committee for the body corporate is a minor committee, the general meeting for subsection (2) (c) can be any general meeting of the body corporate.

(5) The motion approving the engagement must be considered as the last item of business for the meeting.

(6) The engagement may be in addition to an existing engagement of the person as a body corporate manager other than under this part.

(7) To the extent the existing engagement is inconsistent with the engagement under this part, the existing engagement is of no effect.

(8) The engagement of a body corporate manager under this part is void if it does not comply with this section and section 65 .

(9) An agreement to amend the engagement of a body corporate manager under this part is void if it does not comply with this section.