Queensland Subordinate Legislation as Made

BODY CORPORATE AND COMMUNITY MANAGEMENT (COMMERCIAL MODULE) REGULATION 2008 NO. 271

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]
           Division 2 Choosing of committee--Act, section 99
           Subdivision 1--Choosing of committee at annual general meeting
   12.     When committee is chosen [SM, s 13]
           13. When committee may be chosen if previous committee was formed under s 12(3) [SM, s 14]
           14. Election of committee [SM, s 15]
           Subdivision 2--Term of office of committee members
   15.     Term of office—Act, s 99 [SM, s 33]
           16. Notice for breach of code of conduct—Act, s 101B [SM, s 34]
           17. Removal of voting member at general meeting for breach of code of conduct—Act s 101B [SM, s 35]
           Part 3 Restricted issues--Act, section 100
   18.     Restricted issues for committee [SM, s 42]
           Part 4 Committee meetings--Act, section 101
           Division 1--Administrative arrangements for committee meetings
   19.     Who may call committee meetings [SM, s 44]
           20. Notice of committee meetings [SM, s 45]
           21. Place of committee meetings [SM, s 46]
           22. Agenda for committee meetings [SM, s 47]
           Division 2--Chair, quorum and attendance for committee meetings
   23.     Chairing committee meetings [SM, s 48]
           24. Quorum at committee meetings [SM, s 49]
           25. Attendance at committee meetings—non-members [SM, s 51]
           Division 3--Voting at committee meetings
   26.     Voting at committee meetings [SM, s 52]
           27. Conflict of interest [SM, s 53]
           28. Voting outside committee meetings [SM, s 54]
           Division 4--Minutes and other records of committee
   29.     Minutes and other records of committee [SM, s 55]

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

   30.     Purpose of ch 4 [SM, s 63]
           Part 2--Administrative arrangements for body corporate meetings
           Division 1--General
   31.     Types of meetings [SM, s 64]
           32. Who may call general meetings [SM, s 65]
           33. When annual general meetings must be called [SM, s 66]
           34. Requirement for requested extraordinary general meeting [SM, s 67]
           35. Failure to call requested extraordinary general meeting [SM, s 68]
           36. Opportunity to submit agenda motions [SM, s 69]
           37. Notice of general meeting [SM, s 70]
           38. Requirements for voting papers [SM, s 71]
           39. Motion with alternatives [SM, s 72]
           40. Explanatory material accompanying voting paper [SM, s 73]
           41. Time of general meetings [SM, s 74]
           42. Place of general meetings [SM, s 75]
           43. Agenda for general meeting [SM, s 76]
           Division 2--Special provisions for first annual general meeting
   44.     First annual general meeting [SM, s 77]
           45. First annual general meeting—scheme established by amalgamation [SM, s 78]
           46. 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
   47.     Chairing general meetings [SM, s 80]
           48. Power of person chairing meeting to rule motion out of order [SM, s 81]
           49. Quorum for general meetings [SM, s 82]
           Part 4--Voting at general meetings
   50.     Meaning of voter for general meeting [SM, s 83]
           51. Displacement or disentitlement of right to vote [SM, s 84]
           52. Representation of body corporate [SM, s 85]
           53. Exercise of vote at general meetings [SM, s 86]
           54. Voting at general meeting [SM, s 87]
           55. When motion must be decided by secret ballot [SM, s 88]
           56. How secret ballot must be conducted [SM, s 89]
           57. Conduct of secret ballot—voting [SM, s 90]
           58. Appointment and functions of returning officer [SM, s 91]
           59. Secretary to have available for inspection body corporate roll etc. [SM, s 92]
           60. Declaration of voting results on motions [SM, s 93]
           Part 5--Other procedural matters for general meetings
   61.     Amendment of motions at general meetings [SM, s 94]
           62. Amendment or revocation of resolutions passed at general meeting [SM, s 95]
           63. Minutes of general meetings [SM, s 96]
           64. 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

   65.     Purpose of ch 5 [SM, s 98]
           Part 2 Proxies for committee meetings--Act, section 102
   66.     Purpose of pt 2 [SM, s 99]
           67. Appointment [SM, s 100]
           68. Restrictions on appointment [SM, s 101]
           69. Form of proxy [SM, s 102]
           70. Use of proxy [SM, s 103]
           71. Special provisions about proxy use [SM, s 104]
           72. Offence [SM, s 105]
           Part 3 Proxies for body corporate meetings--Act, section 103
   73.     Purpose of pt 3 [SM, s 106]
           74. Appointment [SM, s 107]
           75. Form of proxy [SM, s 108]
           76. Use of proxy [SM, s 109]
           77. Offence [SM, s 111]

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

   78.     Purpose of ch 6 [SM, s 112]
           Part 2--Authority for engagements and authorisations
   79.     Authority to make engagement or give authorisation, or amend engagement or authorisation [SM, s 114]
           Part 3--Requirements for engagements and authorisations
   80.     Definition for pt 3 [SM, s 115]
           81. Form of engagement [SM, s 116]
           82. Form of authorisation [SM, s 117]
           83. Term of engagement of body corporate manager [SM, s 118]
           84. Term of engagement of service contractor [SM, s 119]
           85. Term of authorisation of letting agent [SM, s 120]
           86. Commencement of term of engagement or authorisation [SM, s 121]
           Part 4--Termination of engagements and authorisations
   87.     Purpose of pt 4 [SM, s 128]
           88. Termination under the Act, by agreement etc. [SM, s 129]
           89. Termination for conviction of particular offences etc. [SM, s 130]
           90. Termination for failure to comply with remedial action notice [SM, s 131]
           Part 5--Disclosure requirements
   91.     Definition for pt 5 [SM, s 132]
           92. Associate supplying goods or services [SM, s 133]
           93. Disclosure of associate contract [SM, s 134]
           94. Disclosure of commission or other benefit [SM, s 135]
           Part 6--Occupation of common property
   95.     Occupation of common property by service contractor or letting agent [SM, s 136]
           96. 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

   97.     Purpose of ch 7 [SM, s 138]
           Part 2--Budgets
   98.     Budgets [SM, s 139]
           99. Adjusting proposed budgets at annual general meeting [SM, s 140]
           Part 3--Contributions levied by body corporate
   100.    Contributions to be levied on owners [SM, s 141]
           101. Notice of contribution payable [SM, s 142]
           102. Discounts for timely payment [SM, s 143]
           103. Penalties for late payment [SM, s 144]
           Part 4--Payment and enforcement of body corporate debts
   104.    Payment and recovery of body corporate debts [SM, s 145]
           Part 5--Administrative, sinking and promotion funds
   105.    Administrative, sinking and promotion funds [SM, s 146]
           106. Administration of administrative, sinking or promotion fund by body corporate manager [SM, s 147]
           107. Application of administrative, sinking and promotion funds [SM, s 148]
           108. Reconciliation statements [SM, s 149]
           Part 6--Borrowing
   109.    Power to borrow [SM, s 150]
           Part 7--Accounts and audit
   110.    Accounts [SM, s 154]
           111. Audit [SM, s 155]
           112. Auditing qualifications and experience—Act, sch 6, def auditor, para (a)(ii) [SM, s 156]
           Part 8--Miscellaneous
   113.    Reporting particular payments to committee [SM, s 157]

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

   114.    Purpose of ch 8 [SM, s 158]
           Part 2--Common property
   115.    Duties of body corporate about common property—Act, s 152 [SM, s 159]
           116. Mailbox—Act, s 153 [SM, s 160]
           117. Disposal of interest in and leasing or licensing of common property—Act, s 154 [SM, s 161]
           118. Easements over common property—Act, s 155 [SM, s 162]
           119. Improvements to common property by body corporate—Act, s 159 [SM, s 163]
           120. Improvements to common property by an owner of a lot—Act, s 159 [SM, s 164]
           Part 3--Body corporate assets
   121.    Duties of body corporate about body corporate assets—Act, s 152 [SM, s 165]
           122. Acquisition of amenities for benefit of owners of lots—Act, s 156 [SM, s 166]
           123. Dealing with (including disposal of) body corporate assets—Act, s 157 [SM, s 167]
           Part 4--Agreement with another body corporate
   124.    Sharing facilities—Act, s 95 [SM, s 168]
           Part 5--Services for and obligations of owners and occupiers
   125.    Supply of services by body corporate—Act, s 158 [SM, s 169]
           Part 6--Condition of lot
   126.    Obligations of owners and occupiers—Act, s 160 [SM, s 170]
           Part 7--Power to act for owners and occupiers
   127.    Body corporate may carry out work required of owners and occupiers—Act, s 161 [SM, s 171]
           128. 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
   129.    Conditions and obligations under exclusive use by-law [SM, s 173]
           130. Improvements [SM, s 174]
           131. Recovery of amount owed [SM, s 175]
           Part 9 Insurance--Act, section 189
   132.    Definitions for pt 9 [SM, s 176]
           133. Disclosure of insurance details at annual general meeting [SM, s 177]
           134. Insurance of common property and body corporate assets [SM, s 178]
           135. Insurance of building including lots [SM, s 179]
           136. Insurance for buildings with common walls [SM, s 180]
           137. Valuation for insurance purposes [SM, s 181]
           138. Premium [SM, s 182]
           139. Improvements affecting premium [SM, s 183]
           140. Excess [SM, s 184]
           141. Insurance for buildings with no common walls [SM, s 185]
           142. Combined policy of insurance [SM, s 186]
           143. Public risk insurance [SM, s 187]
           144. Use affecting premium [SM, s 188]
           145. Use of insurance money not paid under voluntary insurance scheme [SM, s 189]
           146. Use of insurance money paid under voluntary insurance scheme [SM, s 190]

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

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

           CHAPTER 10--MISCELLANEOUS

   162.    Voting other than at general meeting—Act, s 111
           163. Return of body corporate property [SM, s 206]
           164. Documents in custody of body corporate manager [SM, s 207]

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

   165.    Repeal
           Part 2--Transitional provisions
           Division 1--Purposes, definitions and general approach
   166.    Main purposes of pt 2 [SM, s 209]
           167. Definitions for pt 2 [SM, s 210]
           168. Authorised actions and documents etc. under previous provision [SM, s 211]
           169. Terminology in things mentioned in s 168(1) [SM, s 212]
           170. Period stated in previous provision [SM, s 213]
           171. Period or date stated in document given under previous provision [SM, s 214]
           172. References to repealed regulation [SM, s 215]
           173. Acts Interpretation Act 1954, s 20 not limited [SM, s 216]
           Division 2--Specific provisions
   174.    When is a general meeting called for this division [SM, s 217]
           175. General meetings of body corporate and committee meetings called before commencement [SM, s 218]
           176. Existing committees—composition
   177.    Existing members—eligibility [SM, s 219]
           178. Existing reduction of notice period for calling a committee meeting
   179.    Approval of engagements and authorisations
   180.    Application of new requirements to existing body corporate managers
   181.    Existing body corporate debts
   182.    Disclosure of insurance details at annual general meeting [SM, s 225]
           183. Valuation for insurance purposes [SM, s 226]
           184. Register of reserved issues [SM, s 227]
           185. Existing policies of insurance
   186.    Continuation of approved forms [SM, s 228]
           187. Continuation and modification of previous transitional provision for Audit Legislation Amendment Act 2006 [SM, s 230]
           SCHEDULE -- DICTIONARY