Queensland Subordinate Legislation as Made

BODY CORPORATE AND COMMUNITY MANAGEMENT LEGISLATION AMENDMENT REGULATION 2024 - REG 8

8 Insertion of new ss 72A and 72B

After section 72 —
insert—

72A General meetings—requirements about motions to decide requests to keep or bring an animal on to a lot or common property [SM, s 82A]

(1) This section applies if—

(a) under a by-law a person must make a request to a body corporate for written approval in relation to the keeping or bringing of an animal on a lot or common property; and

(b) a decision in relation to the request may be made only at a general meeting of the body corporate.

(2) The request must be in writing and given to the secretary or, in the secretary’s absence, the chairperson or, if the committee has not yet been chosen, the original owner.

(3) The person to whom the request is made under subsection (2) must within 21 days after the request is made (the
"relevant period" )—

(a) by notice given to each owner of a lot, call a general meeting of the body corporate; and

(b) include the request as a motion on the general meeting agenda.

(4) If the motion is decided at the general meeting, the body corporate must give the person written notice of the decision as soon as practicable after the decision is made.

(5) If either of the following occurs, the body corporate is taken to have decided to approve the request (a
"deemed decision" )—

(a) a general meeting is not called within the relevant period;

(b) a general meeting is called within the relevant period but the body corporate does not decide the request within the period prescribed under section 72B (the
"prescribed period" ).

(6) The body corporate must give the person written notice of the deemed decision—

(a) if subsection (5)(a) applies, as soon as practicable after the relevant period ends; or

(b) if subsection (5)(b) applies, as soon as practicable after the prescribed period ends.

(7) Also, the body corporate must include a record of the deemed decision in the minutes of the general meeting held immediately after the request is approved.

72B Decisions about requests for approval to keep or bring an animal on to a lot or common property—Act, s 169B(4) [SM, s 82B] For section 169B(4)(a) of the Act, for a decision of a body corporate, the prescribed period is within 6 weeks after a notice is given under section 72A(3)(a).