Queensland Subordinate Legislation as Made

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BODY CORPORATE AND COMMUNITY MANAGEMENT (STANDARD MODULE) REGULATION 2020

- Made under the Body Corporate and Community Management Act 1997
- As at 30 September 2020
- Reg 233 of 2020

TABLE OF PROVISIONS

CHAPTER 1 - PRELIMINARY

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

CHAPTER 2 - COMMUNITY MANAGEMENT STATEMENTS

   6.      Permitted inclusions—Act, s 66

CHAPTER 3 - COMMITTEE FOR BODY CORPORATE

   PART 1 - PRELIMINARY

   7.      Requirement for committee—Act, s 98
   8.      Purposes of chapter

   PART 2 - COMMITTEE MEMBERSHIP

           Division 1 - Composition of committee—Act, section 99

   9.      Composition of committee
   10.     Eligibility to be voting member
   11.     Co-owners or family members who are not eligible to be voting member
   12.     Non-voting members of committee

           Division 2 - Choosing of committee—Act, section 99

              Subdivision 1 - Choosing of committee at annual general meeting

   13.     When committee is chosen
   14.     When committee may be chosen if previous committee was formed under s 13(4)

              Subdivision 2 - Elections and nominations for membership of committee

   15.     Election of committee
   16.     Nomination procedures for committee election other than at first annual general meeting
   17.     Lot owner’s right of nomination
   18.     Requirements for nominations
   19.     Modified nomination procedures for committee election at first annual general meeting
   20.     Modified election procedures for committee election at first annual general meeting

              Subdivision 3 - Conduct of elections—secret ballots

   21.     How elections by secret ballot may be held
   22.     Conducting committee elections held by secret ballot
   23.     Casting a hard copy vote—secret ballot
   24.     Casting an electronic vote—secret ballot
   25.     Conduct of secret ballot—general

              Subdivision 4 - Conduct of elections—open ballots

   26.     How elections for committee by open ballot may be held
   27.     Conduct of elections for committee—open ballot
   28.     Casting a hard copy vote—open ballot
   29.     Casting an electronic vote—open ballot
   30.     Conduct of open ballot—general

              Subdivision 5 - Conduct of ballots—general

   31.     General requirements for ballots
   32.     Order of ballots
   33.     Conduct of ballot—scrutiny of votes
   34.     Conduct of ballot—declaration and recording of voting results

              Subdivision 6 - Choosing executive member positions

   35.     Conduct of ballot—deciding executive member positions

              Subdivision 7 - Choosing ordinary member positions

   36.     Deciding ordinary members of committee—general
   37.     Deciding ordinary member positions—declaration or ballot
   38.     Deciding ordinary member positions—inviting nominees
   39.     Conduct of ballot—deciding ordinary member positions

              Subdivision 8 - Choosing of committee at extraordinary general meeting following annual general meeting

   40.     Definitions for subdivision
   41.     Requirement to call extraordinary general meeting
   42.     Appointment of committee member at extraordinary general meeting
   43.     Engagement of body corporate manager under pt 5 at extraordinary general meeting

           Division 3 - Term of office, removal from office and filling of vacancies

              Subdivision 1 - Term of office of committee members

   44.     Term of office—Act, s 99
   45.     Removal from office for breaching code of conduct—Act, s 101B

              Subdivision 2 - Filling casual vacancies on committee—Act, section 99

   46.     Application of subdivision
   47.     Replacement of member removed from office by body corporate
   48.     Committee must appoint new member or call general meeting of body corporate
   49.     Requirements for notice of general meeting
   50.     Election of committee member at general meeting
   51.     Engagement of body corporate manager under pt 5 at general meeting

   PART 3 - RESTRICTED ISSUES—ACT, SECTION 100

   52.     Restricted issues for committee
   53.     Exceptions to restricted issues for committee

   PART 4 - COMMITTEE MEETINGS—ACT, SECTION 101

           Division 1 - Administrative arrangements for committee meetings

   54.     Who may call committee meetings
   55.     Notice of committee meetings
   56.     Place of committee meetings
   57.     Agenda for committee meetings
   58.     Submission for consideration of motions at committee meetings

           Division 2 - Chair, quorum and attendance for committee meetings

   59.     Chairing committee meetings
   60.     Quorum at committee meetings
   61.     Attendance at committee meetings—voting members
   62.     Attendance at committee meetings—non-voting members
   63.     Attendance at committee meetings—non-members

           Division 3 - Voting at committee meetings

   64.     When voting member ineligible to vote at committee meetings
   65.     Voting at committee meetings
   66.     Conflict of interest

           Division 4 - Voting outside committee meetings

   67.     When voting member ineligible to vote on motion outside committee meetings
   68.     Notice and advice of motion given outside committee meetings
   69.     Voting on motion given outside committee meetings
   70.     Application of other provisions

           Division 5 - Minutes and other records of committee

   71.     Minutes and other records of committee

           Division 6 - Action after committee resolution

   72.     Notice of opposition
   73.     Giving effect to resolutions of committee meetings

   PART 5 - ENGAGEMENT OF BODY CORPORATE MANAGER TO CARRY OUT FUNCTIONS OF COMMITTEE AND EXECUTIVE MEMBERS—ACT, SECTION 122

   74.     When body corporate manager may be engaged to carry out functions of committee and its executive members
   75.     Form of engagement
   76.     Term of engagement
   77.     Functions and powers
   78.     Body corporate manager’s reports to body corporate

   PART 6 - WHEN COMMITTEE MEMBER MAY RECEIVE PARTICULAR BENEFITS

   79.     When committee member may receive particular benefits

CHAPTER 4 - BODY CORPORATE MEETINGS—ACT, SECTION 104

   PART 1 - PURPOSE OF CHAPTER

   80.     Purpose of chapter

   PART 2 - ADMINISTRATIVE ARRANGEMENTS FOR BODY CORPORATE MEETINGS

           Division 1 - General

   81.     Types of meetings
   82.     Who may call general meetings
   83.     When annual general meetings must be called
   84.     Requirement for requested extraordinary general meeting
   85.     Failure to call requested extraordinary general meeting
   86.     Opportunity to submit agenda motions
   87.     Notice of general meetings
   88.     Requirements for voting papers
   89.     Group of same-issue motions
   90.     Explanatory material accompanying voting paper
   91.     Time of general meetings
   92.     Place of general meetings
   93.     Agenda for general meeting

           Division 2 - Special provisions for first annual general meeting

   94.     First annual general meeting
   95.     First annual general meeting—scheme established by amalgamation
   96.     Documents and materials to be given to body corporate at first annual general meeting

   PART 3 - CHAIR AND QUORUM FOR BODY CORPORATE MEETINGS

   97.     Chairing general meetings
   98.     Power of person chairing general meeting to rule motion out of order
   99.     Quorum for general meetings
   100.    Adjournment of general meeting and formation of quorum in particular circumstances

   PART 4 - VOTING AT GENERAL MEETINGS

   101.    Meaning of voter for general meeting
   102.    Displacement or disentitlement of right to vote
   103.    Representation of body corporate
   104.    Exercise of vote at general meetings
   105.    Casting a hard copy vote—open motion
   106.    Casting an electronic vote—open motion
   107.    Voting at general meeting
   108.    When motion must be decided by secret ballot
   109.    How secret ballot must be conducted
   110.    Conduct of secret ballot—hard copy voting
   111.    Conduct of secret ballot—electronic voting
   112.    Appointment and functions of returning officer
   113.    Secretary to have available for inspection body corporate’s roll etc.
   114.    Declaration of voting results on motions

   PART 5 - OTHER PROCEDURAL MATTERS FOR GENERAL MEETINGS

   115.    Amendment of motions at general meetings
   116.    Amendment or revocation of resolutions passed at general meeting
   117.    Minutes of general meetings
   118.    Performance of secretary’s functions for general meeting if meeting not called by secretary

CHAPTER 5 - PROXIES

   PART 1 - PURPOSE OF CHAPTER

   119.    Purpose of chapter

   PART 2 - PROXIES FOR COMMITTEE MEMBERS—ACT, SECTION 102

   120.    Purpose of part
   121.    Appointment
   122.    Restrictions on appointment
   123.    Form of proxy
   124.    Use of proxy
   125.    Special provisions about proxy use
   126.    Offence

   PART 3 - PROXIES FOR BODY CORPORATE MEETINGS—ACT, SECTION 103

   127.    Purpose of part
   128.    Appointment
   129.    Form of proxy
   130.    Use of proxy
   131.    Special provisions about proxy use
   132.    Offence

CHAPTER 6 - BODY CORPORATE MANAGERS, SERVICE CONTRACTORS AND LETTING AGENTS—ACT, SECTION 122

   PART 1 - PRELIMINARY

   133.    Purpose of chapter
   134.    Application of ch 6 to chapter 3, part 5 engagements

   PART 2 - AUTHORITY FOR ENGAGEMENTS AND AUTHORISATIONS

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

   PART 3 - REQUIREMENTS FOR ENGAGEMENTS AND AUTHORISATIONS

   136.    Definition for part
   137.    Form of engagement
   138.    Form of authorisation
   139.    Term of engagement of body corporate manager
   140.    Term of engagement of service contractor
   141.    Term of authorisation of letting agent
   142.    Commencement of term of engagement or authorisation

   PART 4 - TRANSFERRING ENGAGEMENTS AND AUTHORISATIONS

           Division 1 - General provisions

   143.    Transferring engagements and authorisations

           Division 2 - Payment of amount on transfer

   144.    Operation of division
   145.    Definitions for division
   146.    Prescribed period—Act, s 122
   147.    Amount payable on a transfer within the prescribed period—Act, s 122
   148.    Transferor who claims transfer fee is not payable under s 147(3) must advise body corporate

   PART 5 - TERMINATION OF ENGAGEMENTS AND AUTHORISATIONS

   149.    Purpose of part
   150.    Termination under the Act, by agreement etc.
   151.    Termination for conviction of particular offences etc.
   152.    Termination for failure to comply with remedial action notice

   PART 6 - DISCLOSURE REQUIREMENTS

   153.    Definition for part
   154.    Associate supplying goods or services
   155.    Disclosure of associate contract
   156.    Disclosure of commission, payment or other benefit

   PART 7 - OCCUPATION OF COMMON PROPERTY

   157.    Occupation of common property by service contractor or letting agent
   158.    Occupation of common property by service contractor may include right of access

CHAPTER 7 - FINANCIAL MANAGEMENT—ACT, SECTION 150

   PART 1 - PURPOSE OF CHAPTER

   159.    Purpose of chapter

   PART 2 - BUDGETS

   160.    Budgets
   161.    Adjusting proposed budgets at annual general meeting

   PART 3 - CONTRIBUTIONS LEVIED BY BODY CORPORATE

   162.    Contributions to be levied on owners
   163.    Notice of contribution payable
   164.    Discounts for timely payment
   165.    Penalties for late payment

   PART 4 - PAYMENT AND ENFORCEMENT OF BODY CORPORATE DEBTS

   166.    Payment and recovery of body corporate debts

   PART 5 - ADMINISTRATIVE AND SINKING FUNDS

   167.    Administrative and sinking funds
   168.    Administration of administrative or sinking fund by body corporate manager
   169.    Application of administrative and sinking funds
   170.    Reconciliation statements

   PART 6 - BORROWING

   171.    Power to borrow

   PART 7 - CONTROL OF SPENDING

   172.    Spending by committee
   173.    Quotes for major spending decided at general meeting
   174.    Quotes for major spending decided by committee

   PART 8 - ACCOUNTS AND AUDIT

   175.    Accounts
   176.    Audit
   177.    Auditing qualifications and experience—Act, sch 6, def auditor

   PART 9 - MISCELLANEOUS

   178.    Reporting particular payments to committee

CHAPTER 8 - PROPERTY MANAGEMENT

   PART 1 - PURPOSE OF CHAPTER

   179.    Purpose of chapter

   PART 2 - COMMON PROPERTY

           Division 1 - Obligations about common property—Act, section 152

   180.    Duties of body corporate about common property—Act, s 152
   181.    Duty to consider defect assessment motion
   182.    Body corporate may establish voluntary defect assessment plan
   183.    Mailbox and noticeboard—Act, s 153

           Division 2 - Dealing with common property

   184.    Disposal of interest in and leasing or licensing of common property—Act, s 154
   185.    Easements over common property—Act, s 155
   186.    Improvements to common property by body corporate—Act, s 159
   187.    Improvements to common property by owner of a lot—Act, s 159

   PART 3 - BODY CORPORATE ASSETS

           Division 1 - Obligation about body corporate assets

   188.    Duties of body corporate about body corporate assets—Act, s 152

           Division 2 - Dealing with body corporate assets

   189.    Acquisition of amenities for benefit of lot owners—Act, s 156
   190.    Other dealings with, and disposal of, body corporate assets—Act, s 157

   PART 4 - AGREEMENT WITH ANOTHER BODY CORPORATE

   191.    Sharing facilities—Act, s 95

   PART 5 - EXCLUSIVE USE BY-LAWS—ACT, SECTION 173

   192.    Conditions and obligations under exclusive use by-law
   193.    Improvements
   194.    Recovery of amount owed

   PART 6 - INSURANCE—ACT, SECTION 189

   195.    Definitions for part
   196.    Disclosure of insurance details at annual general meeting
   197.    Insurance of common property and body corporate assets
   198.    Insurance of building including lots
   199.    Insurance for buildings with common walls
   200.    Valuation for insurance purposes
   201.    Premium
   202.    Improvements affecting premium
   203.    Excess
   204.    Insurance for buildings with no common walls
   205.    Combined policy of insurance
   206.    Public risk insurance
   207.    Use affecting premium
   208.    Use of insurance money not paid under voluntary insurance scheme
   209.    Use of insurance money paid under voluntary insurance scheme

   PART 7 - MISCELLANEOUS

           Division 1 - Services for and obligations of owners and occupiers

   210.    Supply of services by body corporate—Act, s 158

           Division 2 - Condition of lot

   211.    Obligations of owners and occupiers—Act, s 160

           Division 3 - Power to act for owners and occupiers

   212.    Body corporate may carry out work required of owners and occupiers—Act, s 161
   213.    Body corporate’s power to take action to remedy defective building work—Act, s 162

CHAPTER 9 - ADMINISTRATIVE MATTERS

   PART 1 - PURPOSE OF CHAPTER

   214.    Purpose of chapter

   PART 2 - ADDRESS FOR SERVICE AND RELATED MATTERS

   215.    Definitions for part
   216.    Address for service
   217.    Change of address
   218.    Giving documents or information to lot owners or relevant persons generally
   219.    Giving documents or information to lot owners for casting votes on motion by secret ballot
   220.    Giving documents or information to lot owners for casting votes for committee by secret ballot
   221.    Giving documents or information to persons in a way mentioned in this section
   222.    Service of documents or information on secretary generally

   PART 3 - NOTICES, ROLL AND REGISTERS

           Division 1 - Notices

   223.    Notices of transfer and other matters—Act, s 201

           Division 2 - Roll and registers—Act, s 204
           224. Roll of lots and entitlements

   225.    When body corporate must record information on roll
   226.    Register of assets
   227.    Register of engagements and authorisations
   228.    Register of authorisations affecting the common property
   229.    Register of allocations under exclusive use by-law
   230.    Register of reserved issues

   PART 4 - DOCUMENTS, INFORMATION AND OTHER MATTERS

   231.    Keeping and disposal of records—Act, s 204
   232.    Access to records—Act, s 204
   233.    Fee for information given to interested persons—Act, s 205
   234.    Documents in custody of body corporate manager
   235.    Return of body corporate property

   PART 5 - BODY CORPORATE’S SEAL—ACT, SECTION 34

   236.    Body corporate’s seal

CHAPTER 10 - REPEAL AND TRANSITIONAL PROVISIONS

   PART 1 - REPEAL

   237.    Repeal

   PART 2 - TRANSITIONAL PROVISIONS

           Division 1 - Purposes, definitions and general approach

   238.    Main purposes of part
   239.    Definitions for part
   240.    Authorised action or document, obligation or protection under repealed provision
   241.    Terminology in things mentioned in s 240(1)
   242.    Period stated in repealed provision
   243.    Period or date stated in document given under repealed provision
   244.    References to repealed regulation
   245.    Acts Interpretation Act 1954, s 20 not limited

           Division 2 - Specific provisions

   246.    When is general meeting called for this division
   247.    General meetings of body corporate and committee meetings called before commencement
   248.    Duty to consider defect assessment motion
   249.    Committee elections
   250.    Notice for breach of code of conduct
   251.    Disclosure of commission or other benefit
   252.    Existing proposals about spending by committee
   253.    Continuation of approved forms
   254.    Continuation of repealed s 229
   255.    Notices for roll given before commencement
   256.    Address for service and email address given before commencement
           SCHEDULE 1


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