Queensland Subordinate Legislation as Made
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BODY CORPORATE AND COMMUNITY MANAGEMENT (ACCOMMODATION MODULE)
REGULATION 2020
- Made under the Body Corporate and Community Management Act 1997
- As at 30 September 2020
- Reg 229 of 2020
TABLE OF PROVISIONS
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. Purposes of chapter [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 voting member [SM, s 10]
12. Co-owners or family members who are not eligible to be 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]
Subdivision 2 - Elections and nominations for membership of committee
16. Election of committee [SM, s 15]
17. Nomination procedures for committee election 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 committee election at first annual general meeting [SM, s 20]
22. Conduct of elections for committee [SM, s 22]
Subdivision 3 - Conduct of ballots—general
23. Conduct of ballot—information to be forwarded with notice of meeting [SM, s 27]
24. General requirements for ballots [SM, s 31]
25. Order of ballots [SM, s 32]
26. Conduct of ballot—declaration and recording of voting results [SM, s 34]
Subdivision 4 - Choosing executive member positions
27. Conduct of ballot—deciding executive member positions [SM, s 35]
Subdivision 5 - Choosing ordinary member positions
28. Deciding ordinary members of committee—general [SM, s 36]
29. Deciding ordinary member positions—declaration or ballot [SM, s 37]
30. Deciding ordinary member positions—inviting nominees [SM, s 38]
31. Conduct of ballot—deciding ordinary member positions [SM, s 39]
Subdivision 6 - Choosing of committee at extraordinary general meeting following annual general meeting
32. Definitions for subdivision [SM, s 40]
33. Requirement to call extraordinary general meeting [SM, s 41]
34. Appointment of committee member at extraordinary general meeting [SM, s 42]
35. Engagement of body corporate manager under pt 5 at extraordinary general meeting [SM, s 43]
Division 3 - Term of office, removal from office and filling of vacancies
Subdivision 1 - Term of office of committee members
36. Term of office—Act, s 99 [SM, s 44]
37. Removal from office for breaching code of conduct—Act, s 101B [SM s 45]
Subdivision 2 - Filling casual vacancies on committee—Act, section 99
38. Application of subdivision [SM, s 46]
39. Replacement of member removed from office by body corporate [SM, s 47]
40. Committee must appoint new member or call general meeting of body corporate [SM, s 48]
41. Requirements for notice of general meeting [SM, s 49]
42. Election of committee member at general meeting [SM, s 50]
43. Engagement of body corporate manager under pt 5 at general meeting [SM, s 51]
PART 3 - RESTRICTED ISSUES—ACT, SECTION 100
44. Restricted issues for committee [SM, s 52]
45. Exceptions to restricted issues for committee [SM, s 53]
PART 4 - COMMITTEE MEETINGS—ACT, SECTION 101
Division 1 - Administrative arrangements for committee meetings
46. Who may call committee meetings [SM, s 54]
47. Notice of committee meetings [SM, s 55]
48. Place of committee meetings [SM, s 56]
49. Agenda for committee meetings [SM, s 57]
50. Submission for consideration of motions at committee meetings [SM, s 58]
Division 2 - Chair, quorum and attendance for committee meetings
51. Chairing committee meetings [SM, s 59]
52. Quorum at committee meetings [SM, s 60]
53. Attendance at committee meetings—voting members [SM, s 61]
54. Attendance at committee meetings—non-voting members [SM, s 62]
55. Attendance at committee meetings—non-members [SM, s 63]
Division 3 - Voting at committee meetings
56. When voting member ineligible to vote at committee meetings [SM, s 64]
57. Voting at committee meetings [SM, s 65]
58. Conflict of interest [SM, s 66]
Division 4 - Voting outside committee meetings
59. When voting member ineligible to vote on motion outside committee meetings [SM, s 67]
60. Notice and advice of motion given outside committee meetings [SM, s 68]
61. Voting on motion given outside committee meetings [SM, s 69]
62. Application of other provisions [SM, s 70]
Division 5 - Minutes and other records of committee
63. Minutes and other records of committee [SM, s 71]
PART 5 - ENGAGEMENT OF BODY CORPORATE MANAGER TO CARRY OUT FUNCTIONS OF COMMITTEE AND EXECUTIVE MEMBERS—ACT, SECTION 122
64. When body corporate manager may be engaged to carry out functions of committee and its executive members [SM, s 74]
65. Form of engagement [SM, s 75]
66. Term of engagement [SM, s 76]
67. Functions and powers [SM, s 77]
68. Body corporate manager’s reports to body corporate [SM, s 78]
PART 6 - WHEN COMMITTEE MEMBER MAY RECEIVE PARTICULAR BENEFITS
69. When committee member may receive particular benefits [SM, s 79]
CHAPTER 4 - BODY CORPORATE MEETINGS—ACT, SECTION 104
PART 1 - PURPOSE OF CHAPTER
70. Purpose of chapter [SM, s 80]
PART 2 - ADMINISTRATIVE ARRANGEMENTS FOR BODY CORPORATE MEETINGS
Division 1 - General
71. Types of meetings [SM, s 81]
72. Who may call general meetings [SM, s 82]
73. When annual general meetings must be called [SM, s 83]
74. Requirement for requested extraordinary general meeting [SM, s 84]
75. Failure to call requested extraordinary general meeting [SM, s 85]
76. Opportunity to submit agenda motions [SM, s 86]
77. Notice of general meetings [SM, s 87]
78. Requirements for voting papers [SM, s 88]
79. Group of same-issue motions [SM, s 89]
80. Explanatory material accompanying voting paper [SM, s 90]
81. Time of general meetings [SM, s 91]
82. Place of general meetings [SM, s 92]
83. Agenda for general meeting [SM, s 93]
Division 2 - Special provisions for first annual general meeting
84. First annual general meeting [SM, s 94]
85. First annual general meeting—scheme established by amalgamation [SM, s 95]
86. Documents and materials to be given to body corporate at first annual general meeting [SM, s 96]
PART 3 - CHAIR AND QUORUM FOR BODY CORPORATE MEETINGS
87. Chairing general meetings [SM, s 97]
88. Power of person chairing general meeting to rule motion out of order [SM, s 98]
89. Quorum for general meetings [SM, s 99]
90. Adjournment of general meeting and formation of quorum in particular circumstances [SM, s 100]
PART 4 - VOTING AT GENERAL MEETINGS
91. Meaning of voter for general meeting [SM, s 101]
92. Displacement or disentitlement of right to vote [SM, s 102]
93. Representation of body corporate [SM, s 103]
94. Exercise of vote at general meetings [SM, s 104]
95. Casting a hard copy vote—open motion [SM, s 105]
96. Casting an electronic vote—open motion [SM, s 106]
97. Voting at general meeting [SM, s 107]
98. When motion must be decided by secret ballot [SM, s 108]
99. How secret ballot must be conducted [SM, s 109]
100. Conduct of secret ballot—hard copy voting [SM s 110]
101. Conduct of secret ballot—electronic voting [SM s 111]
102. Appointment and functions of returning officer [SM, s 112]
103. Secretary to have available for inspection body corporate’s roll etc. [SM, s 113]
104. Declaration of voting results on motions [SM, s 114]
PART 5 - OTHER PROCEDURAL MATTERS FOR GENERAL MEETINGS
105. Amendment of motions at general meetings [SM, s 115]
106. Amendment or revocation of resolutions passed at general meeting [SM, s 116]
107. Minutes of general meetings [SM, s 117]
108. Performance of secretary’s functions for general meeting if meeting not called by secretary [SM, s 118]
CHAPTER 5 - PROXIES
PART 1 - PURPOSE OF CHAPTER
109. Purpose of chapter [SM, s 119]
PART 2 - PROXIES FOR COMMITTEE MEMBERS—ACT, SECTION 102
110. Purpose of part [SM, s 120]
111. Appointment [SM, s 121]
112. Restrictions on appointment [SM, s 122]
113. Form of proxy [SM, s 123]
114. Use of proxy [SM, s 124]
115. Special provisions about proxy use [SM, s 125]
116. Offence [SM, s 126]
PART 3 - PROXIES FOR BODY CORPORATE MEETINGS—ACT, SECTION 103
117. Purpose of part [SM, s 127]
118. Appointment [SM, s 128]
119. Form of proxy [SM, s 129]
120. Use of proxy [SM, s 130]
121. Special provisions about proxy use [SM, s 131]
122. Offence [SM, s 132]
CHAPTER 6 - BODY CORPORATE MANAGERS, SERVICE CONTRACTORS AND LETTING AGENTS—ACT, SECTION 122
PART 1 - PRELIMINARY
123. Purpose of chapter [SM, s 133]
124. Application of ch 6 to chapter 3, part 5 engagements [SM, s 134]
PART 2 - AUTHORITY FOR ENGAGEMENTS AND AUTHORISATIONS
125. Authority to make engagement or give authorisation, or amend engagement or authorisation [SM, s 135]
PART 3 - REQUIREMENTS FOR ENGAGEMENTS AND AUTHORISATIONS
126. Definition for part [SM, s 136]
127. Form of engagement [SM, s 137]
128. Form of authorisation [SM, s 138]
129. Term of engagement of body corporate manager [SM, s 139]
130. Term of engagement of service contractor [SM, s 140]
131. Term of authorisation of letting agent [SM, s 141]
132. Commencement of term of engagement or authorisation [SM, s 142]
PART 4 - TRANSFERRING ENGAGEMENTS AND AUTHORISATIONS
Division 1 - General provisions
133. Transferring engagements and authorisations [SM, s 143]
Division 2 - Payment of amount on transfer
134. Operation of division [SM, s 144]
135. Definitions for division [SM, s 145]
136. Prescribed period—Act, s 122 [SM, s 146]
137. Amount payable on a transfer within the prescribed period—Act, s 122 [SM, s 147]
138. Transferor who claims transfer fee is not payable under s 137(3) must advise body corporate [SM, s 148]
PART 5 - TERMINATION OF ENGAGEMENTS AND AUTHORISATIONS
139. Purpose of part [SM, s 149]
140. Termination under the Act, by agreement etc. [SM, s 150]
141. Termination for conviction of particular offences etc. [SM, s 151]
142. Termination for failure to comply with remedial action notice [SM, s 152]
PART 6 - DISCLOSURE REQUIREMENTS
143. Definition for part [SM, s 153]
144. Associate supplying goods or services [SM, s 154]
145. Disclosure of associate contract [SM, s 155]
146. Disclosure of commission, payment or other benefit [SM, s 156]
PART 7 - OCCUPATION OF COMMON PROPERTY
147. Occupation of common property by service contractor or letting agent [SM, s 157]
148. Occupation of common property by service contractor may include right of access [SM, s 158]
CHAPTER 7 - FINANCIAL MANAGEMENT—ACT, SECTION 150
PART 1 - PURPOSE OF CHAPTER
149. Purpose of chapter [SM, s 159]
PART 2 - BUDGETS
150. Budgets [SM, s 160]
151. Adjusting proposed budgets at annual general meeting [SM, s 161]
PART 3 - CONTRIBUTIONS LEVIED BY BODY CORPORATE
152. Contributions to be levied on owners [SM, s 162]
153. Notice of contribution payable [SM, s 163]
154. Discounts for timely payment [SM, s 164]
155. Penalties for late payment [SM, s 165]
PART 4 - PAYMENT AND ENFORCEMENT OF BODY CORPORATE DEBTS
156. Payment and recovery of body corporate debts [SM, s 166]
PART 5 - ADMINISTRATIVE AND SINKING FUNDS
157. Administrative and sinking funds [SM, s 167]
158. Administration of administrative or sinking fund by body corporate manager [SM, s 168]
159. Application of administrative and sinking funds [SM, s 169]
160. Reconciliation statements [SM, s 170]
PART 6 - BORROWING
161. Power to borrow [SM, s 171]
PART 7 - CONTROL OF SPENDING
162. Spending by committee [SM, s 172]
163. Quotes for major spending decided at general meeting [SM, s 173]
164. Quotes for major spending decided by committee [SM, s 174]
PART 8 - ACCOUNTS AND AUDIT
165. Accounts [SM, s 175]
166. Audit [SM, s 176]
167. Auditing qualifications and experience—Act, sch 6, def auditor [SM, s 177]
PART 9 - MISCELLANEOUS
168. Reporting particular payments to committee [SM, s 178]
CHAPTER 8 - PROPERTY MANAGEMENT
PART 1 - PURPOSE OF CHAPTER
169. Purpose of chapter [SM, s 179]
PART 2 - COMMON PROPERTY
Division 1 - Obligations about common property—Act, section 152
170. Duties of body corporate about common property—Act, s 152 [SM, s 180]
171. Duty to consider defect assessment motion [SM, s 181]
172. Body corporate may establish voluntary defect assessment plan [SM, s 182]
173. Mailbox and noticeboard—Act, s 153 [SM, s 183]
Division 2 - Dealing with common property
174. Disposal of interest in and leasing or licensing of common property—Act, s 154 [SM, s 184]
175. Easements over common property—Act, s 155 [SM, s 185]
176. Improvements to common property by body corporate—Act, s 159 [SM, s 186]
177. Improvements to common property by an owner of lot—Act, s 159 [SM, s 187]
PART 3 - BODY CORPORATE ASSETS
Division 1 - Obligation about body corporate assets
178. Duties of body corporate about body corporate assets—Act, s 152 [SM, s 188]
Division 2 - Dealing with body corporate assets
179. Acquisition of amenities for benefit of lot owners—Act, s 156 [SM, s 189]
180. Other dealings with, and disposal of, body corporate assets—Act, s 157 [SM, s 190]
PART 4 - AGREEMENT WITH ANOTHER BODY CORPORATE
181. Sharing facilities—Act, s 95 [SM, s 191]
PART 5 - EXCLUSIVE USE BY-LAWS—ACT, SECTION 173
182. Conditions and obligations under exclusive use by-law [SM, s 192]
183. Improvements [SM, s 193]
184. Recovery of amount owed [SM, s 194]
PART 6 - INSURANCE—ACT, SECTION 189
185. Definitions for part [SM, s 195]
186. Disclosure of insurance details at annual general meeting [SM, s 196]
187. Insurance of common property and body corporate assets [SM, s 197]
188. Insurance of building including lots [SM, s 198]
189. Insurance for buildings with common walls [SM, s 199]
190. Valuation for insurance purposes [SM, s 200]
191. Premium [SM, s 201]
192. Improvements affecting premium [SM, s 202]
193. Excess [SM, s 203]
194. Insurance for buildings with no common walls [SM, s 204]
195. Combined policy of insurance [SM, s 205]
196. Public risk insurance [SM, s 206]
197. Use affecting premium [SM, s 207]
198. Use of insurance money not paid under voluntary insurance scheme [SM, s 208]
199. Use of insurance money paid under voluntary insurance scheme [SM, s 209]
PART 7 - MISCELLANEOUS
Division 1 - Services for and obligations of owners and occupiers
200. Supply of services by body corporate—Act, s 158 [SM, s 210]
Division 2 - Condition of lot
201. Obligations of owners and occupiers—Act, s 160 [SM, s 211]
Division 3 - Power to act for owners and occupiers
202. Body corporate may carry out work required of owners and occupiers—Act, s 161 [SM, s 212]
203. Body corporate’s power to take action to remedy defective building work—Act, s 162 [SM, s 213]
CHAPTER 9 - ADMINISTRATIVE MATTERS
PART 1 - PURPOSE OF CHAPTER
204. Purpose of chapter [SM, s 214]
PART 2 - ADDRESS FOR SERVICE AND RELATED MATTERS
205. Definitions for part [SM, s 215]
206. Address for service [SM, s 216]
207. Change of address [SM, s 217]
208. Giving documents or information to lot owners or relevant persons generally [SM, s 218]
209. Giving documents or information to lot owners for casting votes on motion by secret ballot [SM, s 219]
210. Giving documents or information to persons in a way mentioned in this section [SM, s 221]
211. Service of documents or information on secretary generally [SM, s 222]
PART 3 - NOTICES, ROLL AND REGISTERS
Division 1 - Notices
212. Notices of transfer and other matters—Act, s 201 [SM, s 223]
Division 2 - Roll and registers—Act, section 204
213. Roll of lots and entitlements [SM, s 224]
214. When body corporate must record information on roll [SM, s 225]
215. Register of assets [SM, s 226]
216. Register of engagements and authorisations [SM, s 227]
217. Register of authorisations affecting the common property [SM, s 228]
218. Register of allocations under exclusive use by-law [SM, s 229]
219. Register of reserved issues [SM, s 230]
PART 4 - DOCUMENTS, INFORMATION AND OTHER MATTERS
220. Keeping and disposal of records—Act, s 204 [SM, s 231]
221. Access to records—Act, s 204 [SM, s 232]
222. Fee for information given to interested persons—Act, s 205 [SM, s 233]
223. Documents in custody of body corporate manager [SM, s 234]
224. Return of body corporate property [SM, s 235]
PART 5 - BODY CORPORATE’S SEAL—ACT, SECTION 34
225. Body corporate’s seal [SM, s 236]
CHAPTER 10 - REPEAL AND TRANSITIONAL PROVISIONS
PART 1 - REPEAL
226. Repeal [SM, s 237]
PART 2 - TRANSITIONAL PROVISIONS
Division 1 - Purposes, definitions and general approach
227. Main purposes of part [SM, s 238]
228. Definitions for part [SM, s 239]
229. Authorised action or document, obligation or protection under repealed provision [SM, s 240]
230. Terminology in things mentioned in s 229(1) [SM, s 241]
231. Period stated in repealed provision [SM, s 242]
232. Period or date stated in document given under repealed provision [SM, s 243]
233. References to repealed regulation [SM, s 244]
234. Acts Interpretation Act 1954, s 20 not limited [SM, s 245]
Division 2 - Specific provisions
235. When is general meeting called for this division [SM, s 246]
236. General meetings of body corporate and committee meetings called before commencement [SM, s 247]
237. Duty to consider defect assessment motion [SM, s 248]
238. Committee elections [SM, s 249]
239. Notice for breach of code of conduct [SM, s 250]
240. Disclosure of commission or other benefit [SM, s 251]
241. Existing proposals about spending by committee [SM, s 252]
242. Continuation of approved forms [SM, s 253]
243. Continuation of repealed s 227 [SM, s 254]
244. Notices given for roll before commencement [SM, s 255]
245. Address for service and email address given before commencement [SM, s 256]
SCHEDULE 1
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