BODY CORPORATE AND COMMUNITY MANAGEMENT (STANDARD MODULE) REGULATION 2020

Queensland Subordinate Legislation as Made

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Download] [Help]

BODY CORPORATE AND COMMUNITY MANAGEMENT (STANDARD MODULE) REGULATION 2020

- Made under the Body Corporate and Community Management Act 1997
- As at 30 September 2020
- Reg 233 of 2020

TABLE OF PROVISIONS

CHAPTER 1 - PRELIMINARY

1. Short title
2. Commencement
3. Application of this regulation—Act, s 21
4. Dictionary
5. References to committee, chairperson, secretary or treasurer

CHAPTER 2 - COMMUNITY MANAGEMENT STATEMENTS

6. Permitted inclusions—Act, s 66

CHAPTER 3 - COMMITTEE FOR BODY CORPORATE

PART 1 - PRELIMINARY

7. Requirement for committee—Act, s 98
8. Purposes of chapter

PART 2 - COMMITTEE MEMBERSHIP

Division 1 - Composition of committee—Act, section 99

9. Composition of committee
10. Eligibility to be voting member
11. Co-owners or family members who are not eligible to be voting member
12. Non-voting members of committee

Division 2 - Choosing of committee—Act, section 99

Subdivision 1 - Choosing of committee at annual general meeting

13. When committee is chosen
14. When committee may be chosen if previous committee was formed under s 13(4)

Subdivision 2 - Elections and nominations for membership of committee

15. Election of committee
16. Nomination procedures for committee election other than at first annual general meeting
17. Lot owner’s right of nomination
18. Requirements for nominations
19. Modified nomination procedures for committee election at first annual general meeting
20. Modified election procedures for committee election at first annual general meeting

Subdivision 3 - Conduct of elections—secret ballots

21. How elections by secret ballot may be held
22. Conducting committee elections held by secret ballot
23. Casting a hard copy vote—secret ballot
24. Casting an electronic vote—secret ballot
25. Conduct of secret ballot—general

Subdivision 4 - Conduct of elections—open ballots

26. How elections for committee by open ballot may be held
27. Conduct of elections for committee—open ballot
28. Casting a hard copy vote—open ballot
29. Casting an electronic vote—open ballot
30. Conduct of open ballot—general

Subdivision 5 - Conduct of ballots—general

31. General requirements for ballots
32. Order of ballots
33. Conduct of ballot—scrutiny of votes
34. Conduct of ballot—declaration and recording of voting results

Subdivision 6 - Choosing executive member positions

35. Conduct of ballot—deciding executive member positions

Subdivision 7 - Choosing ordinary member positions

36. Deciding ordinary members of committee—general
37. Deciding ordinary member positions—declaration or ballot
38. Deciding ordinary member positions—inviting nominees
39. Conduct of ballot—deciding ordinary member positions

Subdivision 8 - Choosing of committee at extraordinary general meeting following annual general meeting

40. Definitions for subdivision
41. Requirement to call extraordinary general meeting
42. Appointment of committee member at extraordinary general meeting
43. Engagement of body corporate manager under pt 5 at extraordinary general meeting

Division 3 - Term of office, removal from office and filling of vacancies

Subdivision 1 - Term of office of committee members

44. Term of office—Act, s 99
45. Removal from office for breaching code of conduct—Act, s 101B

Subdivision 2 - Filling casual vacancies on committee—Act, section 99

46. Application of subdivision
47. Replacement of member removed from office by body corporate
48. Committee must appoint new member or call general meeting of body corporate
49. Requirements for notice of general meeting
50. Election of committee member at general meeting
51. Engagement of body corporate manager under pt 5 at general meeting

PART 3 - RESTRICTED ISSUES—ACT, SECTION 100

52. Restricted issues for committee
53. Exceptions to restricted issues for committee

PART 4 - COMMITTEE MEETINGS—ACT, SECTION 101

Division 1 - Administrative arrangements for committee meetings

54. Who may call committee meetings
55. Notice of committee meetings
56. Place of committee meetings
57. Agenda for committee meetings
58. Submission for consideration of motions at committee meetings

Division 2 - Chair, quorum and attendance for committee meetings

59. Chairing committee meetings
60. Quorum at committee meetings
61. Attendance at committee meetings—voting members
62. Attendance at committee meetings—non-voting members
63. Attendance at committee meetings—non-members

Division 3 - Voting at committee meetings

64. When voting member ineligible to vote at committee meetings
65. Voting at committee meetings
66. Conflict of interest

Division 4 - Voting outside committee meetings

67. When voting member ineligible to vote on motion outside committee meetings
68. Notice and advice of motion given outside committee meetings
69. Voting on motion given outside committee meetings
70. Application of other provisions

Division 5 - Minutes and other records of committee

71. Minutes and other records of committee

Division 6 - Action after committee resolution

72. Notice of opposition
73. Giving effect to resolutions of committee meetings

PART 5 - ENGAGEMENT OF BODY CORPORATE MANAGER TO CARRY OUT FUNCTIONS OF COMMITTEE AND EXECUTIVE MEMBERS—ACT, SECTION 122

74. When body corporate manager may be engaged to carry out functions of committee and its executive members
75. Form of engagement
76. Term of engagement
77. Functions and powers
78. Body corporate manager’s reports to body corporate

PART 6 - WHEN COMMITTEE MEMBER MAY RECEIVE PARTICULAR BENEFITS

79. When committee member may receive particular benefits

CHAPTER 4 - BODY CORPORATE MEETINGS—ACT, SECTION 104

PART 1 - PURPOSE OF CHAPTER

80. Purpose of chapter

PART 2 - ADMINISTRATIVE ARRANGEMENTS FOR BODY CORPORATE MEETINGS

Division 1 - General

81. Types of meetings
82. Who may call general meetings
83. When annual general meetings must be called
84. Requirement for requested extraordinary general meeting
85. Failure to call requested extraordinary general meeting
86. Opportunity to submit agenda motions
87. Notice of general meetings
88. Requirements for voting papers
89. Group of same-issue motions
90. Explanatory material accompanying voting paper
91. Time of general meetings
92. Place of general meetings
93. Agenda for general meeting

Division 2 - Special provisions for first annual general meeting

94. First annual general meeting
95. First annual general meeting—scheme established by amalgamation
96. Documents and materials to be given to body corporate at first annual general meeting

PART 3 - CHAIR AND QUORUM FOR BODY CORPORATE MEETINGS

97. Chairing general meetings
98. Power of person chairing general meeting to rule motion out of order
99. Quorum for general meetings
100. Adjournment of general meeting and formation of quorum in particular circumstances

PART 4 - VOTING AT GENERAL MEETINGS

101. Meaning of voter for general meeting
102. Displacement or disentitlement of right to vote
103. Representation of body corporate
104. Exercise of vote at general meetings
105. Casting a hard copy vote—open motion
106. Casting an electronic vote—open motion
107. Voting at general meeting
108. When motion must be decided by secret ballot
109. How secret ballot must be conducted
110. Conduct of secret ballot—hard copy voting
111. Conduct of secret ballot—electronic voting
112. Appointment and functions of returning officer
113. Secretary to have available for inspection body corporate’s roll etc.
114. Declaration of voting results on motions

PART 5 - OTHER PROCEDURAL MATTERS FOR GENERAL MEETINGS

115. Amendment of motions at general meetings
116. Amendment or revocation of resolutions passed at general meeting
117. Minutes of general meetings
118. Performance of secretary’s functions for general meeting if meeting not called by secretary

CHAPTER 5 - PROXIES

PART 1 - PURPOSE OF CHAPTER

119. Purpose of chapter

PART 2 - PROXIES FOR COMMITTEE MEMBERS—ACT, SECTION 102

120. Purpose of part
121. Appointment
122. Restrictions on appointment
123. Form of proxy
124. Use of proxy
125. Special provisions about proxy use
126. Offence

PART 3 - PROXIES FOR BODY CORPORATE MEETINGS—ACT, SECTION 103

127. Purpose of part
128. Appointment
129. Form of proxy
130. Use of proxy
131. Special provisions about proxy use
132. Offence

CHAPTER 6 - BODY CORPORATE MANAGERS, SERVICE CONTRACTORS AND LETTING AGENTS—ACT, SECTION 122

PART 1 - PRELIMINARY

133. Purpose of chapter
134. Application of ch 6 to chapter 3, part 5 engagements

PART 2 - AUTHORITY FOR ENGAGEMENTS AND AUTHORISATIONS

135. Authority to make engagement or give authorisation, or amend engagement or authorisation

PART 3 - REQUIREMENTS FOR ENGAGEMENTS AND AUTHORISATIONS

136. Definition for part
137. Form of engagement
138. Form of authorisation
139. Term of engagement of body corporate manager
140. Term of engagement of service contractor
141. Term of authorisation of letting agent
142. Commencement of term of engagement or authorisation

PART 4 - TRANSFERRING ENGAGEMENTS AND AUTHORISATIONS

Division 1 - General provisions

143. Transferring engagements and authorisations

Division 2 - Payment of amount on transfer

144. Operation of division
145. Definitions for division
146. Prescribed period—Act, s 122
147. Amount payable on a transfer within the prescribed period—Act, s 122
148. Transferor who claims transfer fee is not payable under s 147(3) must advise body corporate

PART 5 - TERMINATION OF ENGAGEMENTS AND AUTHORISATIONS

149. Purpose of part
150. Termination under the Act, by agreement etc.
151. Termination for conviction of particular offences etc.
152. Termination for failure to comply with remedial action notice

PART 6 - DISCLOSURE REQUIREMENTS

153. Definition for part
154. Associate supplying goods or services
155. Disclosure of associate contract
156. Disclosure of commission, payment or other benefit

PART 7 - OCCUPATION OF COMMON PROPERTY

157. Occupation of common property by service contractor or letting agent
158. Occupation of common property by service contractor may include right of access

CHAPTER 7 - FINANCIAL MANAGEMENT—ACT, SECTION 150

PART 1 - PURPOSE OF CHAPTER

159. Purpose of chapter

PART 2 - BUDGETS

160. Budgets
161. Adjusting proposed budgets at annual general meeting

PART 3 - CONTRIBUTIONS LEVIED BY BODY CORPORATE

162. Contributions to be levied on owners
163. Notice of contribution payable
164. Discounts for timely payment
165. Penalties for late payment

PART 4 - PAYMENT AND ENFORCEMENT OF BODY CORPORATE DEBTS

166. Payment and recovery of body corporate debts

PART 5 - ADMINISTRATIVE AND SINKING FUNDS

167. Administrative and sinking funds
168. Administration of administrative or sinking fund by body corporate manager
169. Application of administrative and sinking funds
170. Reconciliation statements

PART 6 - BORROWING

171. Power to borrow

PART 7 - CONTROL OF SPENDING

172. Spending by committee
173. Quotes for major spending decided at general meeting
174. Quotes for major spending decided by committee

PART 8 - ACCOUNTS AND AUDIT

175. Accounts
176. Audit
177. Auditing qualifications and experience—Act, sch 6, def auditor

PART 9 - MISCELLANEOUS

178. Reporting particular payments to committee

CHAPTER 8 - PROPERTY MANAGEMENT

PART 1 - PURPOSE OF CHAPTER

179. Purpose of chapter

PART 2 - COMMON PROPERTY

Division 1 - Obligations about common property—Act, section 152

180. Duties of body corporate about common property—Act, s 152
181. Duty to consider defect assessment motion
182. Body corporate may establish voluntary defect assessment plan
183. Mailbox and noticeboard—Act, s 153

Division 2 - Dealing with common property

184. Disposal of interest in and leasing or licensing of common property—Act, s 154
185. Easements over common property—Act, s 155
186. Improvements to common property by body corporate—Act, s 159
187. Improvements to common property by owner of a lot—Act, s 159

PART 3 - BODY CORPORATE ASSETS

Division 1 - Obligation about body corporate assets

188. Duties of body corporate about body corporate assets—Act, s 152

Division 2 - Dealing with body corporate assets

189. Acquisition of amenities for benefit of lot owners—Act, s 156
190. Other dealings with, and disposal of, body corporate assets—Act, s 157

PART 4 - AGREEMENT WITH ANOTHER BODY CORPORATE

191. Sharing facilities—Act, s 95

PART 5 - EXCLUSIVE USE BY-LAWS—ACT, SECTION 173

192. Conditions and obligations under exclusive use by-law
193. Improvements
194. Recovery of amount owed

PART 6 - INSURANCE—ACT, SECTION 189

195. Definitions for part
196. Disclosure of insurance details at annual general meeting
197. Insurance of common property and body corporate assets
198. Insurance of building including lots
199. Insurance for buildings with common walls
200. Valuation for insurance purposes
201. Premium
202. Improvements affecting premium
203. Excess
204. Insurance for buildings with no common walls
205. Combined policy of insurance
206. Public risk insurance
207. Use affecting premium
208. Use of insurance money not paid under voluntary insurance scheme
209. Use of insurance money paid under voluntary insurance scheme

PART 7 - MISCELLANEOUS

Division 1 - Services for and obligations of owners and occupiers

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

Division 2 - Condition of lot

211. Obligations of owners and occupiers—Act, s 160

Division 3 - Power to act for owners and occupiers

212. Body corporate may carry out work required of owners and occupiers—Act, s 161
213. Body corporate’s power to take action to remedy defective building work—Act, s 162

CHAPTER 9 - ADMINISTRATIVE MATTERS

PART 1 - PURPOSE OF CHAPTER

214. Purpose of chapter

PART 2 - ADDRESS FOR SERVICE AND RELATED MATTERS

215. Definitions for part
216. Address for service
217. Change of address
218. Giving documents or information to lot owners or relevant persons generally
219. Giving documents or information to lot owners for casting votes on motion by secret ballot
220. Giving documents or information to lot owners for casting votes for committee by secret ballot
221. Giving documents or information to persons in a way mentioned in this section
222. Service of documents or information on secretary generally

PART 3 - NOTICES, ROLL AND REGISTERS

Division 1 - Notices

223. Notices of transfer and other matters—Act, s 201

Division 2 - Roll and registers—Act, s 204
224. Roll of lots and entitlements

225. When body corporate must record information on roll
226. Register of assets
227. Register of engagements and authorisations
228. Register of authorisations affecting the common property
229. Register of allocations under exclusive use by-law
230. Register of reserved issues

PART 4 - DOCUMENTS, INFORMATION AND OTHER MATTERS

231. Keeping and disposal of records—Act, s 204
232. Access to records—Act, s 204
233. Fee for information given to interested persons—Act, s 205
234. Documents in custody of body corporate manager
235. Return of body corporate property

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

236. Body corporate’s seal

CHAPTER 10 - REPEAL AND TRANSITIONAL PROVISIONS

PART 1 - REPEAL

237. Repeal

PART 2 - TRANSITIONAL PROVISIONS

Division 1 - Purposes, definitions and general approach

238. Main purposes of part
239. Definitions for part
240. Authorised action or document, obligation or protection under repealed provision
241. Terminology in things mentioned in s 240(1)
242. Period stated in repealed provision
243. Period or date stated in document given under repealed provision
244. References to repealed regulation
245. Acts Interpretation Act 1954, s 20 not limited

Division 2 - Specific provisions

246. When is general meeting called for this division
247. General meetings of body corporate and committee meetings called before commencement
248. Duty to consider defect assessment motion
249. Committee elections
250. Notice for breach of code of conduct
251. Disclosure of commission or other benefit
252. Existing proposals about spending by committee
253. Continuation of approved forms
254. Continuation of repealed s 229
255. Notices for roll given before commencement
256. Address for service and email address given before commencement
SCHEDULE 1

AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback