reg 1Citation
These Regulations may be cited as the Unit Title Schemes (Management Modules) Regulations 2009.
Bills and explanatory statements from legislation.nt.gov.au; second reading speeches from the NT Parliamentary Record (Territory Stories). Links open the official source in a new tab.
These Regulations may be cited as the Unit Title Schemes (Management Modules) Regulations 2009.
These Regulations commence on the commencement of section 94 of the Unit Title Schemes Act 2009.
In these Regulations:
small scheme means a basic scheme with less than 4 unit owners.
standard scheme means:
a basic scheme with at least 4 unit owners; or
a higher scheme.
The scheme statement for a standard scheme may specify that management module 1, which is set out in Schedule 1, applies to the scheme.
The management module that applies to a standard scheme, for section 94 of the Act, is:
if the scheme statement specifies that management module 1 applies to the scheme – management module 1, which is set out in
Schedule 1; or
otherwise – management module 2, which is set out in Schedule
2.
The management module that applies to a small scheme, for section 94 of the Act, is management module 3, which is set out in Schedule 3.
Note for regulation 5
The schemes supervisor may approve changes to the management module applying to a particular scheme under section 94(4)(b) of the Act.
For section 84(1)(e) of the Act, a claim by a body corporate or unit owner under section 88(3) of the Act is a prescribed circumstance.
(1) This regulation applies if the management module applying to a scheme changes because one of the following events happens:
(a) the schemes supervisor approves a change to the management module under section 94(4)(b) of the Act;
the number of unit owners for the scheme changes;
the scheme becomes, or ceases to be, a higher scheme.
(2) The management module applying to the scheme immediately before the event continues to apply to the scheme until 1 July immediately following the event.
(1) The original owner for a scheme must comply with a requirement under the management module applying to the scheme that the original owner give the body corporate, or the committee of the body corporate, particular documents at the first annual general meeting of the body corporate.
Fault element: The original owner intentionally fails to comply with the requirement.
Maximum penalty: 100 penalty units.
(2) Each committee member commits an offence if the committee for a standard scheme fails to comply with a requirement under the management module applying to the scheme that the committee:
ensure particular records are kept for the body corporate; and
(b) prepare a financial statement at the end of a financial year showing particular information.
Fault element: The committee member is reckless in relation to the failure to comply with the requirement.
Maximum penalty: 20 penalty units.
In this management module:
acting committee member, see clause 10(1).
annual financial statement, see clause 55(1)(b).
annual general meeting, see clause 29.
authorised audit company, see section 9 of the Corporations Act 2001.
chairperson:
(a) of a committee – means the person elected under clause 7(1)(a); or
of a body corporate – means the chairperson under clause 7(2).
committee meeting means a meeting of the committee of a body corporate.
company means:
(a) a company as defined in section 9 of the Corporations Act 2001; or
(b) an incorporated association as defined in section 4 of the Associations Act 2003; or
any other body corporate.
first annual general meeting means the meeting mentioned in clause 26.
general meeting means a meeting of a body corporate.
interim resolution, see clause 3.
notice of opposition, see clause 21(1).
restricted matter, for a body corporate, means a matter a decision on which, under the Act or clause 25 of this management module, may be made only by the body corporate.
secretary:
(a) of a committee – means the person elected under clause 7(1)(b); or
of a body corporate – means the secretary under clause 7(2).
special levy means a levy charged under clause 50 or 51.
teleconferencing includes the use of telephone, computer or video equipment.
A decision of a body corporate must be made:
at a general meeting of the body corporate; or
in accordance with the process set out in clause 34.
(2) Unless otherwise specified in this management module, a motion is passed at a general meeting if it is passed by an ordinary resolution.
(1) An interim resolution is a resolution of a committee or body corporate made at a meeting without a quorum.
(2) An interim resolution does not have effect until it becomes a resolution in accordance with the process set out:
for an interim resolution of a committee – in clause 15; or
for an interim resolution of a body corporate – in clause 34.
Part 2 Committee of body corporate
Division 1 Constitution of committee
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