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BODY CORPORATE AND COMMUNITY MANAGEMENT (ACCOMMODATION MODULE) REGULATION 2008 NO. 270


TABLE OF PROVISIONS

           Contents

           CHAPTER 1--PRELIMINARY

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

           CHAPTER 2--COMMUNITY MANAGEMENT STATEMENTS

   7.      Permitted inclusions—Act, s 66 [SM, s 6]

           CHAPTER 3--COMMITTEE FOR BODY CORPORATE
           Part 1--Preliminary

   8.      Requirement for committee—Act, s 98 [SM, s 7]
           9. Purpose of ch 3 [SM, s 8]
           Part 2--Committee membership
           Division 1 Composition of committee--Act, section 99
   10.     Composition of committee [SM, s 9]
           11. Eligibility to be a voting member [SM, s 10]
           12. Co-ownership and eligibility to be a voting member [SM, s 11]
           13. Non-voting members of committee [SM, s 12]
           Division 2 Choosing of committee--Act, section 99
           Subdivision 1--Choosing of committee at annual general meeting
   14.     When committee is chosen [SM, s 13]
           15. When committee may be chosen if previous committee was formed under s 14(4) [SM, s 14]
           16. Election of committee [SM, s 15]
           17. Nomination procedures for election of committee other than at first annual general meeting [SM, s 16]
           18. Lot owner's right of nomination [SM, s 17]
           19. Requirements for nominations [SM, s 18]
           20. Modified nomination procedures for election of committee at first annual general meeting [SM, s 19]
           21. Modified election procedures for election of committee at first annual general meeting [SM, s 20]
           22. Conduct of elections for committee [SM, s 21]
           23. Conduct of ballot—information to be forwarded with notice of meeting [SM, s 21]
           24. Election of ordinary members of committee [SM, s 23]
           25. Conduct of ballot—general requirements [SM, s 24]
           26. Conduct of ballot—deciding executive member positions [SM, s 26]
           27. Conduct of ballot—deciding ordinary member positions [SM, s 27]
           28. Conduct of ballot—declaration of voting results [SM, s 28]
           Subdivision 2--Choosing of committee at extraordinary general meeting following annual general meeting
   29.     Definitions for sdiv 2 [SM, s 29]
           30. Requirement to call extraordinary general meeting [SM, s 30]
           31. Appointment of committee member at extraordinary general meeting [SM, s 31]
           32. Engagement of body corporate manager under pt 5 at extraordinary general meeting [SM, s 32]
           Subdivision 3--Term of office of committee members
   33.     Term of office—Act, s 99 [SM, s 33]
           34. Notice for breach of code of conduct—Act, s 101B [SM, s 34]
           35. Removal of voting member at general meeting for breach of code of conduct—Act, s 101B [SM, s 35]
           Subdivision 4 Filling casual vacancies on committee--Act, section 99
   36.     Application of sdiv 4 [SM, s 36]
           37. Replacement of member removed from office by body corporate [SM, s 37]
           38. Committee must appoint new member or call general meeting of body corporate [SM, s 38]
           39. Requirements for notice of general meeting [SM, s 39]
           40. Election of committee member at general meeting [SM, s 40]
           41. Engagement of body corporate manager under pt 5 at general meeting [SM, s 41]
           Part 3 Restricted issues--Act, section 100
   42.     Restricted issues for committee [SM, s 42]
           43. Exceptions to restricted issues for committee [SM, s 43]
           Part 4 Committee meetings--Act, section 101
           Division 1--Administrative arrangements for committee meetings
   44.     Who may call committee meetings [SM, s 44]
           45. Notice of committee meetings [SM, s 45]
           46. Place of committee meetings [SM, s 46]
           47. Agenda for committee meetings [SM, s 47]
           Division 2--Chair, quorum and attendance for committee meetings
   48.     Chairing committee meetings [SM, s 48]
           49. Quorum at committee meetings [SM, s 49]
           50. Attendance at committee meetings—non-voting members [SM, s 50]
           51. Attendance at committee meetings—non-members [SM, s 51]
           Division 3--Voting at committee meetings
   52.     Voting at committee meetings [SM, s 52]
           53. Conflict of interest [SM, s 53]
           54. Voting outside committee meetings [SM, s 54]
           Division 4--Minutes and other records of committee
   55.     Minutes and other records of committee [SM, s 55]
           Part 5 Engagement of body corporate manager to carry out functions of committee and executive members--Act, section 122
   56.     When body corporate manager may be engaged to carry out functions of a committee and its executive members [SM, s 58]
           57. Form of engagement [SM, s 59]
           58. Term of engagement [SM, s 60]
           59. Functions and powers [SM, s 61]
           60. Body corporate manager's reports to body corporate [SM, s 62]

           CHAPTER 4 BODY CORPORATE MEETINGS--ACT, SECTION 104
           Part 1--Purpose of chapter

   61.     Purpose of ch 4 [SM, s 63]
           Part 2--Administrative arrangements for body corporate meetings
           Division 1--General
   62.     Types of meetings [SM, s 64]
           63. Who may call general meetings [SM, s 65]
           64. When annual general meetings must be called [SM, s 66]
           65. Requirement for requested extraordinary general meeting [SM, s 67]
           66. Failure to call requested extraordinary general meeting [SM, s 68]
           67. Opportunity to submit agenda motions [SM, s 69]
           68. Notice of general meetings [SM, s 70]
           69. Requirements for voting papers [SM, s 71]
           70. Motion with alternatives [SM, s 72]
           71. Explanatory material accompanying voting paper [SM, s 73]
           72. Time of general meetings [SM, s 74]
           73. Place of general meetings [SM, s 75]
           74. Agenda for general meeting [SM, s 76]
           Division 2--Special provisions for first annual general meeting
   75.     First annual general meeting [SM, s 77]
           76. First annual general meeting—scheme established by amalgamation [SM, s 78]
           77. Documents and materials to be handed over to body corporate at first annual general meeting [SM, s 79]
           Part 3--Chair and quorum for body corporate meetings
   78.     Chairing general meetings [SM, s 80]
           79. Power of person chairing meeting to rule motion out of order [SM, s 81]
           80. Quorum for general meetings [SM, s 82]
           Part 4--Voting at general meetings
   81.     Meaning of voter for general meeting [SM, s 83]
           82. Displacement or disentitlement of right to vote [SM, s 84]
           83. Representation of body corporate [SM, s 85]
           84. Exercise of vote at general meetings [SM, s 86]
           85. Voting at general meeting [SM, s 87]
           86. When motion must be decided by secret ballot [SM, s 88]
           87. How secret ballot must be conducted [SM, s 89]
           88. Conduct of secret ballot—voting [SM, s 90]
           89. Appointment and functions of returning officer [SM, s 91]
           90. Secretary to have available for inspection body corporate roll etc. [SM, s 92]
           91. Declaration of voting results on motions [SM, s 93]
           Part 5--Other procedural matters for general meetings
   92.     Amendment of motions at general meetings [SM, s 94]
           93. Amendment or revocation of resolutions passed at general meeting [SM, s 95]
           94. Minutes of general meetings [SM, s 96]
           95. Performance of secretary's functions for general meeting if meeting not called by secretary [SM, s 97]

           CHAPTER 5--PROXIES
           Part 1--Purpose of chapter

   96.     Purpose of ch 5 [SM, s 98]
           Part 2 Proxies for committee members--Act, section 102
   97.     Purpose of pt 2 [SM, s 99]
           98. Appointment [SM, s 100]
           99. Restrictions on appointment [SM, s 101]
           100. Form of proxy [SM, s 102]
           101. Use of proxy [SM, s 103]
           102. Special provisions about proxy use [SM, s 104]
           103. Offence [SM, s 105]
           Part 3 Proxies for body corporate meetings--Act, section 103
   104.    Purpose of pt 3 [SM, s 106]
           105. Appointment [SM, s 107]
           106. Form of proxy [SM, s 108]
           107. Use of proxy [SM, s 109]
           108. Special provisions about proxy use [SM, s 110]
           109. Offence [SM, s 111]

           CHAPTER 6 BODY CORPORATE MANAGERS, SERVICE CONTRACTORS AND LETTING AGENTS--ACT, SECTION 122
           Part 1--Preliminary

   110.    Purpose of ch 6 [SM, s 112]
           111. Application of ch 6 to chapter 3, part 5 engagements [SM, s 113]
           Part 2--Authority for engagements and authorisations
   112.    Authority to make engagement or give authorisation, or amend engagement or authorisation [SM, s 114]
           Part 3--Requirements for engagements and authorisations
   113.    Definition for pt 3 [SM, s 115]
           114. Form of engagement [SM, s 116]
           115. Form of authorisation [SM, s 117]
           116. Term of engagement of body corporate manager [SM, s 118]
           117. Term of engagement of service contractor [SM, s 119]
           118. Term of authorisation of letting agent [SM, s 120]
           119. Commencement of term of engagement or authorisation [SM, s 121]
           Part 4--Transferring engagements and authorisations
           Division 1--General provisions
   120.    Transferring engagements and authorisations [SM, s 122]
           Division 2--Payment of amount on transfer
   121.    Operation of div 2 [SM, s 123]
           122. Definitions for div 2 [SM, s 124]
           123. Prescribed period—Act, s 122(3) [SM, s 125]
           124. Amount payable on a transfer within the prescribed period—Act, s 122(3) [SM, s 126]
           125. Transferor who claims transfer fee is not payable under s 124(3) must advise body corporate [SM, s 127]
           Part 5--Termination of engagements and authorisations
   126.    Purpose of pt 5 [SM, s 128]
           127. Termination under the Act, by agreement etc. [SM, s 129]
           128. Termination for conviction of particular offences etc. [SM, s 130]
           129. Termination for failure to comply with remedial action notice [SM, s 131]
           Part 6--Disclosure requirements
   130.    Definition for pt 6 [SM, s 132]
           131. Associate supplying goods or services [SM, s 133]
           132. Disclosure of associate contract [SM, s 134]
           133. Disclosure of commission or other benefit [SM, s 135]
           Part 7--Occupation of common property
   134.    Occupation of common property by service contractor or letting agent [SM, s 136]
           135. Occupation of common property by service contractor may include right of access [SM, s 137]

           CHAPTER 7 FINANCIAL MANAGEMENT--ACT, SECTION 150
           Part 1--Purpose of chapter

   136.    Purpose of ch 7 [SM, s 138]
           Part 2--Budgets
   137.    Budgets [SM, s 139]
           138. Adjusting proposed budgets at annual general meeting [SM, s 140]
           Part 3--Contributions levied by body corporate
   139.    Contributions to be levied on owners [SM, s 141]
           140. Notice of contribution payable [SM, s 142]
           141. Discounts for timely payment [SM, s 143]
           142. Penalties for late payment [SM, s 144]
           Part 4--Payment and enforcement of body corporate debts
   143.    Payment and recovery of body corporate debts [SM, s 145]
           Part 5--Administrative and sinking funds
   144.    Administrative and sinking funds [SM, s 146]
           145. Administration of administrative or sinking fund by body corporate manager [SM, s 147]
           146. Application of administrative and sinking funds [SM, s 148]
           147. Reconciliation statements [SM, s 149]
           Part 6--Borrowing
   148.    Power to borrow [SM, s 150]
           Part 7--Control of spending
   149.    Spending by committee [SM, s 151]
           150. Quotes for major spending decided at general meeting [SM, s 152]
           151. Quotes for major spending decided by committee [SM, s 153]
           Part 8--Accounts and audit
   152.    Accounts [SM, s 154]
           153. Audit [SM, s 155]
           154. Auditing qualifications and experience—Act, sch 6, def auditor, para (a)(ii) [SM, s 156]
           Part 9--Miscellaneous
   155.    Reporting particular payments to committee [SM, s 157]

           CHAPTER 8--PROPERTY MANAGEMENT
           Part 1--Purpose of chapter

   156.    Purpose of ch 8 [SM, s 158]
           Part 2--Common property
   157.    Duties of body corporate about common property—Act, s 152 [SM, s 159]
           158. Mailbox and notice board—Act, s 153 [SM, s 160]
           159. Disposal of interest in and leasing or licensing of common property—Act, s 154 [SM, s 161]
           160. Easements over common property—Act, s 155 [SM, s 162]
           161. Improvements to common property by body corporate—Act, s 159 [SM, s 163]
           162. Improvements to common property by an owner of a lot—Act, s 159 [SM, s 164]
           Part 3--Body corporate assets
   163.    Duties of body corporate about body corporate assets—Act, s 152 [SM, s 165]
           164. Acquisition of amenities for benefit of lot owners—Act, s 156 [SM, s 166]
           165. Dealing with (including disposal of) body corporate assets—Act, s 157 [SM, s 167]
           Part 4--Agreement with another body corporate
   166.    Sharing facilities—Act, s 95 [SM, s 168]
           Part 5--Services for and obligations of owners and occupiers
   167.    Supply of services by body corporate—Act, s 158 [SM, s 169]
           Part 6--Condition of lot
   168.    Obligations of owners and occupiers—Act, s 160 [SM, s 170]
           Part 7--Power to act for owners and occupiers
   169.    Body corporate may carry out work required of owners and occupiers—Act, s 161 [SM, s 171]
           170. Body corporate's power to take action to remedy defective building work—Act, s 162 [SM, s 172]
           Part 8 Exclusive use by-laws--Act, section 173
   171.    Conditions and obligations under exclusive use by-law [SM, s 173]
           172. Improvements [SM, s 174]
           173. Recovery of amount owed [SM, s 175]
           Part 9 Insurance--Act, section 189
   174.    Definitions for pt 9 [SM, s 176]
           175. Disclosure of insurance details at annual general meeting [SM, s 177]
           176. Insurance of common property and body corporate assets [SM, s 178]
           177. Insurance of building including lots [SM, s 179]
           178. Insurance for buildings with common walls [SM, s 180]
           179. Valuation for insurance purposes [SM, s 181]
           180. Premium [SM, s 182]
           181. Improvements affecting premium [SM, s 183]
           182. Excess [SM, s 184]
           183. Insurance for buildings with no common walls [SM, s 185]
           184. Combined policy of insurance [SM, s 186]
           185. Public risk insurance [SM, s 187]
           186. Use affecting premium [SM, s 188]
           187. Use of insurance money not paid under voluntary insurance scheme [SM, s 189]
           188. Use of insurance money paid under voluntary insurance scheme [SM, s 190]

           CHAPTER 9--ADMINISTRATIVE MATTERS
           Part 1--Purpose of chapter

   189.    Purpose of ch 9 [SM, s 191]
           Part 2 Body corporate's seal--Act, section 34
   190.    Body corporate's seal [SM, s 192]
           Part 3 Notices--Act, section 201
   191.    Notices for roll [SM, s 193]
           192. Address for service [SM, s 194]
           193. Change of address [SM, s 195]
           Part 4 Rolls and registers--Act, section 204
   194.    Roll of lots and entitlements [SM, s 196]
           195. Register of assets [SM, s 197]
           196. Register of engagements and authorisations [SM, s 198]
           197. Register of authorisations affecting the common property [SM, s 199]
           198. Register of allocations under exclusive use by-law [SM, s 200]
           199. Register of reserved issues [SM, s 201]
           Part 5--Documents and information
   200.    Definitions for pt 5 [SM, s 202]
           201. Keeping and disposal of records—Act, s 204 [SM, s 203]
           202. Access to records—Act, s 204 [SM, s 204]
           203. Fee for information given to interested persons—Act, s 205 [SM, s 205]

           CHAPTER 10--MISCELLANEOUS

   204.    Return of body corporate property [SM, s 206]
           205. Documents in custody of body corporate manager [SM, s 207]

           CHAPTER 11--REPEAL AND TRANSITIONAL PROVISIONS
           Part 1--Repeal

   206.    Repeal [SM, s 208]
           Part 2--Transitional provisions
           Division 1--Purposes, definitions and general approach
   207.    Main purposes of pt 2 [SM, s 209]
           208. Definitions for pt 2 [SM, s 210]
           209. Authorised actions and documents etc. under previous provision [SM, s 211]
           210. Terminology in things mentioned in s 209(1) [SM, s 212]
           211. Period stated in previous provision [SM, s 213]
           212. Period or date stated in document given under previous provision [SM, s 214]
           213. References to repealed regulation [SM, s 215]
           214. Acts Interpretation Act 1954, s 20 not limited [SM, s 216]
           Division 2--Specific provisions
   215.    When is a general meeting called for this division [SM, s 217]
           216. General meetings of body corporate and committee meetings called before commencement [SM, s 218]
           217. Existing voting members—eligibility [SM, s 219]
           218. Committee elections [SM, s 220]
           219. Existing engagements of body corporate managers to carry out functions of committee and executive members [SM, s 222]
           220. Existing requests for approval to transfer and decisions about transfers [SM, s 223]
           221. Existing resolutions on relevant limit for committee spending
   222.    Existing proposals if reduced limit for major spending [SM, s 224]
           223. Disclosure of insurance details at annual general meeting [SM, s 225]
           224. Valuation for insurance purposes [SM, s 226]
           225. Register of reserved issues [SM, s 227]
           226. Continuation of approved forms [SM, s 228]
           227. Continuation of previous ss 158 and 160 [SM, s 229]
           228. Continuation and modification of previous transitional provision for Audit Legislation Amendment Act 2006 [SM, s 230]
           SCHEDULE -- DICTIONARY


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