Queensland Subordinate Legislation as Made

BODY CORPORATE AND COMMUNITY MANAGEMENT (STANDARD MODULE) REGULATION 2020 - REG 135

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

(1) The body corporate may—

(a) engage a person as a body corporate manager or service contractor; or

(b) authorise a person as a letting agent; or

(c) agree to an amendment of an engagement or authorisation mentioned in paragraph (a) or (b) .

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

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

(b) the motion approving the engagement, authorisation or amendment is, for any of the following, decided by secret ballot—

(i) an engagement of a person as a service contractor if the person is to be a caretaking service contractor;

(ii) an authorisation of a person as a letting agent;

(iii) an agreement to amend a person’s engagement as a service contractor, or a person’s authorisation as a letting agent, to include a right or option of extension or renewal; and

(c) the material forwarded to members of the body corporate for the general meeting that considers the motion approving the engagement, authorisation or amendment includes—

(i) for an engagement or authorisation—the terms of the engagement or authorisation, including—

(A) when the term of the engagement or authorisation begins and ends; and

(B) the term of any right or option of extension or renewal of the engagement or authorisation; and

(ii) for an agreement to amend a person’s engagement as a service contractor, or a person’s authorisation as a letting agent, to include a right or option of extension or renewal—an explanatory note in the approved form explaining the nature of the amendment; and

(iii) for another agreement to amend an engagement or authorisation—the terms and effect of the amendment.

(3) However, subsection (2) (b) does not apply if all the lots included in the community titles scheme have identical ownership.