Queensland Subordinate Legislation as Made

BODY CORPORATE AND COMMUNITY MANAGEMENT (STANDARD MODULE) REGULATION 2020 - REG 90

90 Explanatory material accompanying voting paper

(1) A voting paper for a general meeting must be accompanied by an explanatory schedule if—

(a) the submitter of a motion stated in the voting paper gives the secretary an explanatory note about the motion, and the note is not longer than 300 words; or

(b) the voting paper is for an annual general meeting; or

(c) the voting paper includes a group of same-issue motions; or

(d) the voting paper states a motion proposing that a regulation module be applied to the community titles scheme that is different from the regulation module identified in the scheme’s community management statement; or

(e) an explanatory schedule is required to accompany the voting paper under another provision of this regulation.

Note—

See, for example, section 53 .

(2) The explanatory schedule must, for a motion mentioned in subsection (1) (a) , include only the following information—

(a) the number assigned to the motion on the voting paper;

(b) the explanatory note in the form given by the motion’s submitter;

(c) the submitter’s name.

(3) The explanatory schedule accompanying a voting paper for an annual general meeting must, for a motion about adopting administrative and sinking fund budgets, include an explanatory note stating that, under section 161 , the amount of a budget adopted at the meeting may be more or less than the proposed budget amount by an amount equivalent to not more than 10% of the proposed budget amount.

(4) The explanatory schedule must, for a group of same-issue motions, include all of the following information—

(a) the title of the group as shown on the agenda for the meeting;

(b) a list of each original motion that is part of the group;

(c) each original motion whose substance is stated in the form in which it was submitted under section 86 ;

(d) an explanatory note about each original motion, given to the secretary by the submitter of the original motion, if the note is not longer than 300 words;

(e) an explanatory note stating that—

(i) voters may vote on each of the original motions that are part of the group; and

(ii) votes are counted for all original motions that are part of the group before the body corporate’s decision is determined; and

(iii) if a motion is a qualifying motion, the motion qualifies to be a decision of the body corporate; and

(iv) an original motion can not be amended at the general meeting; and

(v) if no original motion receives sufficient votes to pass according to the type of resolution required for the motion the decision of the body corporate is that none of the original motions are passed.

Example of an explanatory note for paragraph (e)—

‘To vote on this group of same-issue motions, you may either vote in favour of, against, or abstain from voting on, each original motion in the group of same-issue motions. You may vote on more than 1 original motion.
Votes on each original motion in the group of same-issue motions will be counted in the order the original motions are listed in the agenda. When votes for all original motions have been counted, the original motion that receives the sufficient number of votes to pass according to the type of resolution required for the motion, and that also receives the highest number of votes in favour, is the decision of the body corporate about the group of same-issue motions. Only 1 original motion can be passed as the decision of the body corporate about the group of same-issue motions.
If no original motion receives the sufficient number of votes to pass according to the resolution required for the motion, the decision of the body corporate about the group of same-issue motions is that no original motion is passed.
Original motions in the group of same-issue motions can not be amended at the meeting.’.

(5) The explanatory schedule must, for a motion mentioned in subsection (1) (d) , include an explanatory note, in the approved form, explaining the effect of the proposed change.

(6) To remove any doubt, it is declared that an explanatory schedule for a motion must not contain explanatory material, other than an explanatory note mentioned in subsections (3) to (5) or required under another provision of this regulation, written by a person other than the submitter of the motion.

(7) A notice of a proposed general meeting may be accompanied by explanatory material given by the committee, other than an explanatory note mentioned in subsections (2) to (5) , if the material is contained in a schedule of the committee’s explanatory material that is separate from the explanatory schedule.

Example—

The schedule of a committee’s explanatory material might contain general explanatory material that does not relate to a particular motion stated in the voting paper, or information relating to a motion.

(8) Explanatory material may accompany a voting paper or a notice of a proposed general meeting only if required or permitted under this regulation.