Queensland Subordinate Legislation as Made

BODY CORPORATE AND COMMUNITY MANAGEMENT (SMALL SCHEMES MODULE) REGULATION 2008 NO. 272

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, 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 secretary or treasurer [SM, ss 10 and 11]
           Division 2 Choosing of committee--Act, section 99
           Subdivision 1--Choosing of committee at annual general meeting
   12.     When secretary and treasurer are 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 secretary and treasurer [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.     Committee meetings [SM, s 44]
           Division 2--Voting at committee meetings
   20.     Voting at committee meetings [SM, s 52]
           21. Conflict of interest [SM, s 53]
           Division 3--Minutes
   22.     Minutes of committee meetings [SM, s 55]
           Part 5 Engagement of body corporate manager to carry out functions of committee, secretary and treasurer--Act, section 122
   23.     When body corporate manager may be engaged to carry out functions of a committee and the secretary and treasurer [SM, s 58]
           24. Form of engagement [SM, s 59]
           25. Term of engagement [SM, s 60]
           26. Functions and powers [SM, s 61]
           27. Body corporate manager's reports to body corporate [SM, s 62]

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

   28.     Purpose of ch 4 [SM, s 63]
           Part 2--Administrative arrangements for body corporate meetings
           Division 1--General
   29.     Types of meetings [SM, s 64]
           30. Who may call general meetings [SM, s 65]
           31. When annual general meetings must be called [SM, s 66]
           32. Requirement for requested extraordinary general meeting [SM, s 67]
           33. Failure to call requested extraordinary general meeting [SM, s 68]
           34. Opportunity to submit agenda motions [SM, s 69]
           35. Notice of general meetings [SM, s 70]
           36. Time of general meetings [SM, s 74]
           37. Agenda for general meeting [SM, s 76]
           Division 2--Special provisions for first annual general meeting
   38.     First annual general meeting [SM, s 77]
           39. First annual general meeting—scheme established by amalgamation [SM, s 78]
           40. 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
   41.     Chairing general meetings [SM, s 80]
           42. Power of person chairing meeting to rule motion out of order [SM, s 81]
           43. Quorum for general meetings [SM, s 82]
           Part 4--Voting at general meetings
   44.     Meaning of voter for general meeting [SM, s 83]
           45. Displacement or disentitlement of right to vote [SM, s 84]
           46. Representation of body corporate [SM, s 85]
           47. Voting at general meeting [SM, s 87]
           48. Secretary to have available for inspection body corporate roll etc. [SM, s 92]
           Part 5--Other procedural matters for general meetings
   49.     Amendment of motions at general meetings [SM, s 94]
           50. Amendment or revocation of resolutions passed at general meeting [SM, s 95]
           51. Minutes of general meetings [SM, s 96]
           52. 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

   53.     Purpose of ch 5 [SM, s 98]
           Part 2 Proxies for body corporate meetings--Act, section 103
   54.     Appointment [SM, s 107]
           55. Form of proxy [SM, s 108]
           56. Use of proxy [SM, s 109]
           57. Offence [SM, s 111]

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

   58.     Purpose of ch 6 [SM, s 112]
           59. Application of ch 6 to chapter 3, part 5 engagements [SM, s 113]
           Part 2--Authority for engagements
   60.     Authority to make engagement or amend engagement [SM, s 114]
           Part 3--Requirements for engagements
   61.     Form of engagement [SM, s 116]
           62. Term of engagement of body corporate manager [SM, s 118]
           63. Term of engagement of service contractor [SM, s 119]
           64. Commencement of term of engagement [SM, s 121]
           Part 4--Termination of engagements
   65.     Purpose of pt 4 [SM, s 128]
           66. Termination under the Act, by agreement etc. [SM, s 129]
           67. Termination for conviction of particular offences etc. [SM, s 130]
           68. Termination for failure to comply with remedial action notice [SM, s 131]
           Part 5--Disclosure requirements
   69.     Associate supplying goods or services [SM, s 133]
           70. Disclosure of associate contract [SM, s 134]
           71. Disclosure of commission or other benefit [SM, s 135]

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

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

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

   92.     Purpose of ch 8 [SM, s 158]
           Part 2--Common property
   93.     Duties of body corporate about common property—Act, s 152 [SM, s 159]
           94. Mailbox and notice board—Act, s 153 [SM, s 160]
           95. Disposal of interest in and leasing or licensing of common property—Act, s 154 [SM, s 161]
           96. Easements over common property—Act, s 155 [SM, s 162]
           97. Improvements to common property by body corporate—Act, s 159 [SM, s 163]
           98. Improvements to common property by an owner of a lot—Act, s 159 [SM, s 164]
           Part 3--Body corporate assets
   99.     Duties of body corporate about body corporate assets—Act, s 152 [SM, s 165]
           100. Acquisition of amenities for benefit of owners of lots—Act, s 156 [SM, s 166]
           101. Dealing with (including disposal of) body corporate assets—Act, s 157 [SM, s 167]
           Part 4--Agreement with another body corporate
   102.    Sharing facilities—Act, s 95 [SM, s 168]
           Part 5--Services for and obligations of owners and occupiers
   103.    Supply of services by body corporate—Act, s 158 [SM, s 169]
           Part 6--Condition of lot
   104.    Obligations of owners and occupiers—Act, s 160 [SM, s 170]
           Part 7--Power to act for owners and occupiers
   105.    Body corporate may carry out work required of owners and occupiers—Act, s 161 [SM, s 171]
           106. 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
   107.    Conditions and obligations under exclusive use by-law [SM, s 173]
           108. Improvements [SM, s 174]
           109. Recovery of amount owed [SM, s 175]
           Part 9 Insurance--Act, section 189
   110.    Definitions for pt 9 [SM, s 176]
           111. Disclosure of insurance details at annual general meeting [SM, s 177]
           112. Insurance of common property and body corporate assets [SM, s 178]
           113. Insurance of building including lots [SM, s 179]
           114. Insurance for buildings with common walls [SM, s 180]
           115. Valuation for insurance purposes [SM, s 181]
           116. Premium [SM, s 182]
           117. Improvements affecting premium [SM, s 183]
           118. Excess [SM, s 184]
           119. Insurance for buildings with no common walls [SM, s 185]
           120. Combined policy of insurance [SM, s 186]
           121. Public risk insurance [SM, s 187]
           122. Use affecting premium [SM, s 188]
           123. Use of insurance money not paid under voluntary insurance scheme [SM, s 189]
           124. Use of insurance money paid under voluntary insurance scheme [SM, s 190]

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

   125.    Purpose of ch 9 [SM, s 191]
           Part 2 Body corporate's seal--Act, section 34
   126.    Body corporate's seal [SM, s 192]
           Part 3 Notices--Act, section 201
   127.    Notices for roll [SM, s 193]
           128. Address for service [SM, s 194]
           129. Change of address [SM, s 195]
           Part 4 Rolls and registers--Act, section 204
   130.    Roll of lots and entitlements [SM, s 196]
           131. Register of assets [SM, s 197]
           132. Register of allocations under exclusive use by-law [SM, s 200]
           133. Register of reserved issues [SM, s 201]
           Part 5--Documents and information
   134.    Definition for pt 5 [SM, s 202]
           135. Keeping and disposal of records—Act, s 204 [SM, s 203]
           136. Access to records—Act, s 204 [SM, s 204]
           137. Fee for information given to interested persons—Act, s 205 [SM, s 205]

           CHAPTER 10--MISCELLANEOUS

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

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

   141.    Repeal
           Part 2--Transitional provisions
           Division 1--Purposes, definitions and general approach
   142.    Main purposes of pt 2 [SM, s 209]
           143. Definitions for pt 2 [SM, s 210]
           144. Authorised actions and documents etc. under previous provision [SM, s 211]
           145. Terminology in things mentioned in s 144(1) [SM, s 212]
           146. Period stated in previous provision [SM, s 213]
           147. Period or date stated in document given under previous provision [SM, s 214]
           148. References to repealed regulation [SM, s 215]
           149. Acts Interpretation Act 1954, s 20 not limited [SM, s 216]
           Division 2--Specific provisions
   150.    When is a general meeting called for this division [SM, s 217]
           151. General meetings of body corporate called before commencement [SM, s 218]
           152. Existing voting members—eligibility [SM, s 219]
           153. Existing engagements
   154.    Application of new requirements to existing body corporate managers
   155.    Existing body corporate debts
   156.    Existing policies of insurance
   157.    Disclosure of insurance details at annual general meeting [SM, s 225]
           158. Valuation for insurance purposes [SM, s 226]
           159. Register of reserved issues [SM, s 227]
           160. Continuation of approved forms [SM, s 228]
           SCHEDULE -- DICTIONARY