Community Land Management Regulation 2021

This Regulation is the Community Land Management Regulation 2021.

This Regulation commences on 1 December 2021.

In this Regulation—

benefit, for Part 3A—see section 17C.

close of the ballot—see section 15(8).

eligible tenant, for Part 3—see section 8(10).

pre-meeting electronic voting, for Part 3, Division 2—see section 9A.

the Act means the Community Land Management Act 2021.

Note—

The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation.

A person that is a corporation (the principal person) is connected with another person if the other person—

is a related body corporate or an associated entity of the principal person, or

holds an executive position in a related body corporate or an associated entity of the principal person, or

holds or will hold a relevant financial interest in the principal person and, because of that interest, is or will be able to exercise significant influence over or in relation to the management or operation of the principal person, or

is or will be—

entitled to exercise a relevant power, whether in the person’s own right or on behalf of another person, in the business of the principal person, and

because of that power—able to exercise significant influence over or in relation to the management or operation of the principal person.

A person (the principal person) is connected with another person if the other person is—

the trustee of a trust of which the principal person is a beneficiary, or

one or more of the following in relation to a trust of which the principal person is, or has at any time been, a trustee—

a beneficiary,

a child, spouse or de facto partner of a beneficiary.

In this section—

associated entity has the same meaning as in the Corporations Act 2001 of the Commonwealth.

relevant financial interest, in relation to a principal person, means—

shares in the capital of the principal person, or

an entitlement, whether arising at law, in equity or otherwise, to receive—

income derived from a business carried on by the principal person, or

another financial benefit or financial advantage from the carrying on of the business.

relevant power means a power to participate in, or to elect or appoint a person to, a directorial, managerial or an executive position in the principal person, whether the power is exercisable—

by voting or otherwise, and

alone or in association with other powers.

The following functions of an association may be delegated to or conferred only on a member of the association committee or a managing agent—

ensuring that the association complies with relevant requirements under the Work Health and Safety Act 2011,

entering into contracts relating to the maintenance of association property or the provision of services to the association property, other than contracts relating to a parcel,

arranging for inspections of records and other documents under the Act, section 173,

giving certificates under the Act, section 174.

The agenda for the first annual general meeting of a neighbourhood association must, if a tenant representative has been nominated for the neighbourhood committee in accordance with the Act, section 36, include an item to receive the nomination.

The following documents obtained or received by the original owner or lessor and relating to the scheme parcel, or to a building, plant or equipment on the parcel, are prescribed—

if a building is required to be insured under the Act, Part 9, Division 1—a valuation of the building,

maintenance and service manuals,

all service agreements relating to the supply of gas, electricity or other utilities to the scheme parcel,

copies of building contracts for the scheme parcel, including variations to the contracts,

the most recent BASIX certificate for each building on the scheme parcel.

In this section—

BASIX certificate has the same meaning as in the Environmental Planning and Assessment Regulation 2000.

A person (the convenor) who is entitled to convene an annual general meeting of a neighbourhood scheme that has tenants in at least half of the number of lots in the scheme must convene a meeting of eligible tenants (a tenants meeting) to nominate a person for the position of tenant representative on the neighbourhood committee.

The convenor must, at least 14 days before the annual general meeting, give notice of the tenants meeting to each eligible tenant.

The tenants meeting may be held before the annual general meeting, but may not be held earlier than 7 days after notice of the tenants meeting is given.

Notice may be given—

by causing a copy of the notice to be prominently displayed on a notice board required to be maintained by or under the by-laws on the association property, or

by written notice given to each eligible tenant.

The convenor, or a tenant elected by the eligible tenants present at the meeting, must chair the tenants meeting.

An eligible tenant may, at the tenants meeting, propose themselves or propose another eligible tenant for nomination as the tenant representative.

The tenant representative must be determined by majority vote of eligible tenants present at the tenants meeting.

The quorum for the tenants meeting is 1 eligible tenant.

The term of a tenant representative commences at the end of the annual general meeting at which the nomination is received.

In this Part—

eligible tenant means a tenant notified in a tenancy notice given in accordance with the Act.

A tenant representative ceases to be a tenant representative—

if the person ceases to be an eligible tenant, or

on receipt by the secretary of the neighbourhood association from the person of written notice of the person’s resignation as the tenant representative, or

at the end of the next meeting at which a new neighbourhood committee is elected by the neighbourhood association, or

if the person dies.

If a tenant representative ceases to be a tenant representative before the next meeting at which a new neighbourhood committee is elected, a further tenants meeting must be held under section 8 to nominate a tenant representative.

The term of a replacement tenant representative is for the remainder of the term of the representative that the person replaces.

In this Division—

pre-meeting electronic voting means voting on a matter by electronic means before the meeting at which the matter will be determined.

At a meeting of an association at which its association committee is elected, the chairperson must—

announce the names of the candidates already nominated in writing for election to the association committee, and

call for oral nominations of candidates eligible for election to the association committee.

A written or oral nomination made for the purposes of the election is ineffective unless it is made by the nominee or supported by the consent of the nominee given—

in writing, if the nominee is not present at the meeting, or

orally, if the nominee is present at the meeting.

After the chairperson declares that nominations have closed, the association must decide, in accordance with the Act, the number of members of its association committee.

If the number of candidates is—

the same as, or fewer than, the number of members—the candidates must be declared by the chairperson to be, and are taken to have been, elected as the association committee, or

greater than the number of members—a ballot must be held.

If a ballot for membership of the association committee of an association is required, the person presiding at the meeting of the association must—

announce to the meeting the name of each candidate, and

provide each person present and entitled to vote at the meeting with a blank ballot paper for each vote the person is entitled to cast.

For a vote to be valid, a ballot paper must be signed by the voter and completed by the voter’s writing on it—

the names of the candidates, without repeating a name, for whom the voter desires to vote, the number of names written being no more than the number determined by the association as the number of members of its association committee, and

the capacity in which the voter is exercising a right to vote, whether—

as owner, first mortgagee or covenant chargee of a specified lot, or

as a company nominee, or

by proxy, and

if the vote is being cast by proxy—the name and capacity of the person who gave the proxy.

Note—

See the Electronic Transactions Act 2000, section 9, in relation to requirements for the electronic signature of a person.

The completed ballot paper must be returned to the chairperson.

For the Act, section 233(2)(i), the ballot paper—

may be provided or delivered by electronic means specified in the notice given under section 14(a) in relation to the meeting, and

if the ballot paper is provided or delivered by electronic means—must be returned to the chairperson in a way specified in the notice given under section 14(a) in relation to the meeting.

Note—

See the Act, Schedules 1 and 2, and this Regulation, section 14, in relation to notices for meetings.

Until all places for membership of the association committee have been filled, the chairperson must declare elected successively each candidate who has a greater number of votes than all other candidates who have not been elected.

If only 1 place remains to be filled and there are 2 or more eligible candidates with an equal number of votes, the candidate to fill the place must be decided by a show of hands of the persons present and entitled to vote.

For subsection (5), a person is taken to vote by a show of hands on a matter at a meeting if—

the notice for the meeting specified voting by electronic means while participating in the meeting as a way of voting at the meeting, and

Note—

See the Act, Schedule 1, clause 27(3) and this Regulation, section 14(a).

the person uses the electronic means to indicate the voter’s choice on the matter while participating in the meeting.