Queensland Subordinate Legislation as Made

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BODY CORPORATE AND COMMUNITY MANAGEMENT (SMALL SCHEMES MODULE) REGULATION 2008 No. 272 - SECT 12

12 When secretary and treasurer are chosen [SM, s 13]

(1) The choosing of the secretary and treasurer must happen at each annual general meeting of the body corporate.

(2) Subsection (1) does not apply for an annual general meeting if, when the annual general meeting is held--

(a) there are only 2 lots included in the community titles scheme, and the 2 lots are in identical ownership; or
(b) there are only 2 lots included in the scheme, and the 2 lots are in different ownership; or
(c) there are 3 or more lots included in the scheme, and all of the lots are in identical ownership; or
(d) there are 3 or more lots included in the scheme, and there are only 2 different owners for all the lots.

(3) If subsection (2)(a) or (c) applies, the committee is a committee of 1 consisting of the individual who is the owner, or the nominee of the owner, of the lots, and the individual holds the positions of both secretary and treasurer.

(4) If subsection (2)(b) or (d) applies--

(a) the committee consists of 2 individuals who are owners, or the nominees of owners, of lots, and they must decide between themselves which of the positions of secretary and treasurer each is to hold (and, if they can not agree, each of the positions of secretary and treasurer are jointly held by both of them); or
(b) the committee consists of 1 of the 2 individuals mentioned in paragraph (a), chosen by agreement between the 2 individuals.

(5) If there is a vacancy in the position of secretary or treasurer, the choosing of an individual to fill the vacant position may happen at an extraordinary general meeting of the body corporate.

(6) Subsections (3) and (4) do not apply to the scheme if, at an annual general meeting, the body corporate engages under part 5 a body corporate manager to carry out the functions of a committee, the secretary or the treasurer.



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