Queensland Consolidated Regulations

BODY CORPORATE AND COMMUNITY MANAGEMENT (SPECIFIED TWO-LOT SCHEMES MODULE) REGULATION 2011

- Made under the Body Corporate and Community Management Act 1997
- As at 1 July 2022
- Reg 305 of 2011

TABLE OF PROVISIONS

CHAPTER 1 - PRELIMINARY

   1.      Short title
   2.      Commencement
   3.      Application of this regulation—Act, s 21
   4.      Dictionary

CHAPTER 2 - LOT OWNER AGREEMENTS

   5.      Lot owner agreement—Act, s 111F
   6.      Request to enter into lot owner agreement—Act, s 111H

CHAPTER 3 - REPRESENTATIVES OF OWNERS OF LOTS

   7.      Representative of owner of lot—Act, s 111J
   8.      Representative of corporation
   9.      Functions and powers of representatives

CHAPTER 4 - BODY CORPORATE MANAGERS AND SERVICE CONTRACTORS—ACT, SECTION 122

   PART 1 - PRELIMINARY

   10.     Purpose of ch 4

   PART 2 - AUTHORITY AND REQUIREMENTS FOR ENGAGEMENTS

   11.     Authority to engage or amend engagement
   12.     Form of engagement
   13.     Term of engagement of body corporate manager or service contractor
   14.     Start of term of engagement

   PART 3 - TERMINATION OF ENGAGEMENTS

   15.     Purpose of pt 3
   16.     Termination under the Act, by agreement etc.
   17.     Termination for conviction of particular offences etc.
   18.     Termination for failure to comply with remedial action notice

   PART 4 - DISCLOSURE REQUIREMENTS

   19.     Associate supplying goods or services
   20.     Disclosure of associate contract
   21.     Disclosure of commission, payment or other benefit

CHAPTER 5 - FINANCIAL MANAGEMENT—ACT, SECTION 150

   PART 1 - PURPOSE OF CHAPTER

   22.     Purpose of ch 5

   PART 2 - AGREED BODY CORPORATE EXPENSE

   23.     Meaning of agreed body corporate expense
   24.     Contributions by owners to agreed body corporate expense
   25.     When contribution to agreed body corporate expense becomes payable
   26.     Notice of contribution payable for agreed body corporate expense

   PART 3 - PAYMENT AND RECOVERY OF CONTRIBUTIONS

   27.     Payment and recovery of contributions and associated amounts

   PART 4 - BORROWING

   28.     Power to borrow

   PART 5 - ACCOUNTS

   29.     Accounts—Act, s 151

CHAPTER 6 - PROPERTY MANAGEMENT

   PART 1 - PURPOSE OF CHAPTER

   30.     Purpose of ch 6

   PART 2 - COMMON PROPERTY

   31.     Duties of body corporate about common property—Act, s 152
   31A.    Duty to consider preparation of defect assessment report
   31B.    Body corporate may establish voluntary defect assessment plan
   32.     Mailbox—Act, s 153
   33.     Disposal of interest in and leasing or licensing of common property—Act, s 154
   34.     Easements over common property—Act, s 155
   35.     Improvements to common property by body corporate—Act, s 159
   36.     Improvements to common property by an owner of a lot—Act, s 159

   PART 3 - BODY CORPORATE ASSETS

   37.     Duties of body corporate about body corporate assets—Act, s 152
   38.     Acquisition of amenities for benefit of owners or occupiers of lots—Act, s 156
   39.     Dealing with (including disposal of) body corporate assets—Act, s 157

   PART 4 - AGREEMENT WITH ANOTHER BODY CORPORATE

   40.     Sharing facilities—Act, s 95

   PART 5 - SERVICES FOR AND OBLIGATIONS OF OWNERS AND OCCUPIERS OF LOTS

   41.     Supply of services by body corporate—Act, s 158

   PART 6 - CONDITION OF LOT

   42.     Obligations of owners and occupiers of lots—Act, s 160

   PART 7 - POWER TO TAKE ACTION TO REMEDY DEFECTIVE BUILDING WORK

   43.     Body corporate’s power to take action to remedy defective building work—Act, s 162

   PART 8 - EXCLUSIVE USE BY-LAWS—ACT, SECTION 173

   44.     Conditions and obligations under exclusive use by-law
   45.     Improvements
   46.     Recovery of amount owed

   PART 9 - INSURANCE—ACT, SECTION 189

   47.     Definitions for pt 9
   48.     Insurance of common property and body corporate assets
   49.     Insurance of building including lots
   50.     Insurance for buildings with common walls
   51.     Valuation for insurance purposes
   52.     Premium
   53.     Improvements affecting premium
   54.     Excess
   55.     Insurance for buildings with no common walls
   56.     Public risk insurance
   57.     Use affecting premium
   58.     Use of insurance money not paid under voluntary insurance scheme
   59.     Use of insurance money paid under voluntary insurance scheme

CHAPTER 7 - ADMINISTRATIVE MATTERS

   PART 1 - PURPOSE OF CHAPTER

   60.     Purpose of ch 7

   PART 2 - ADDRESS FOR SERVICE AND RELATED MATTERS

   61.     Definitions for part
   61A.    Address for service
   61B.    Change of address
   61C.    Giving documents or information to lot owners or relevant persons generally

   PART 3 - NOTICES—ACT, SECTION 201

   62.     Body corporate to give written notice about receipt of documents
   63.     Owner of lot or representative to give copy of documents to body corporate
   64.     Notices to be given to the body corporate
   65.     (Repealed)
   66.     (Repealed)

   PART 4 - DOCUMENTS, INFORMATION AND OTHER MATTERS

   67.     Documents and materials to be given to body corporate by original owner
   68.     Keeping of records—Act, s 204
   69.     Disposal of records—Act, s 204
   70.     Appointment of person to keep body corporate’s records
   71.     Resignation of person who keeps body corporate’s records
   72.     Access to records—Act, s 204
   73.     Fee for information given to interested persons—Act, s 205
   74.     Information to be given by seller to buyer—Act, s 206
   75.     Return of body corporate property
   76.     Documents in custody of body corporate manager

   PART 5 - BODY CORPORATE’S SEAL—ACT, SECTION 34

   76A.    Body corporate’s seal

CHAPTER 8 - TRANSITIONAL PROVISIONS

   PART 1 - TRANSITIONAL PROVISIONS FOR BODY CORPORATE AND COMMUNITY MANAGEMENT (SPECIFIED TWO-LOT SCHEMES MODULE) REGULATION 2011

   77.     Main purposes of part
   78.     Definitions for part
   79.     Authorised actions and documents etc. under previous provision
   80.     Existing obligation to pay contributions and penalties
   81.     Recovery by body corporate of debts under previous regulation
   82.     Administrative and sinking funds under previous regulation
   83.     Rolls, registers and other documents or information kept under previous regulation
   84.     Existing policies of insurance

   PART 2 - TRANSITIONAL PROVISIONS FOR BODY CORPORATE AND COMMUNITY MANAGEMENT (SPECIFIED TWO-LOT SCHEMES MODULE) AMENDMENT REGULATION 2020

   85.     Documents and materials to be given to body corporate by original owner
           SCHEDULE - Dictionary