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These Regulations may be cited as the Unit Titles (Management
Modules) Regulations 2009.
These Regulations commence on the commencement of Part 4 of the Land
Title and Related Legislation Amendment Act 2008.
In these Regulations:
small plan means a units plan with less than 4 proprietors, other than a units plan relating to an estate or condominium development.
standard plan means:
a units plan with at least 4 proprietors; or
a units plan relating to an estate or condominium development; or
a building development plan.
(1) Part V of the Act, as in force immediately before the commencement date, continues to apply to a corporation for a small or standard plan for the transitional period.
(2) The management module set out in Schedule 1 applies, for section 58(1) of the Act, to a corporation for a standard plan after the transitional period ends.
(3) The management module set out in Schedule 2 applies, for section 58(1) of the Act, to a corporation for a small plan after the transitional period ends.
In this regulation:
commencement date means the date of commencement of these Regulations.
transitional period means the period of 3 months following the commencement date.
(1) This regulation applies if the management module applying to the corporation for a plan changes because one of the following events happens:
the number of proprietors for the plan changes;
(b) the plan becomes, or ceases to become, a units plan relating to an estate or condominium development.
(2) The management module applying to the corporation immediately before the event continues to apply to the corporation until 1 July immediately following the event.
(1) The original proprietor for a small or standard plan must comply with a requirement under the management module applying to the corporation that the original proprietor give the corporation, or the committee of the corporation, particular documents at the first annual general meeting of the corporation.
Maximum penalty: 100 penalty units.
(2) Each committee member commits an offence if the committee for a standard plan fails to comply with a requirement under the management module applying to the corporation that the committee:
ensure particular records are kept for the corporation; and
(b) prepare a financial statement at the end of a financial year showing particular information.
Maximum penalty: 20 penalty units.
regulation 4(2)
In this management module:
acting committee member, of a committee, see clause 10(1).
annual financial statement, see clause 46(1)(b).
annual general meeting, see clause 27.
authorised audit company, see section 9 of the Corporations Act 2001.
committee meeting means a meeting of the committee of a corporation.
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 a meeting mentioned in clause 24(1) or (2).
interim resolution, see clause 3.
manager, of a plan, means a person who is engaged by the corporation under clause 51.
notice of opposition, see clause 20(1).
restricted matter, for a corporation, means a matter a decision on which, under the Act, the articles of the corporation or clause 23 of this management module, may be made only by the corporation.
teleconferencing includes the use of telephone, computer or video equipment.
working day means a day other than a Saturday, Sunday or public holiday as defined in section 4(1) of the Public Holidays Act 1981.
In this management module:
(a) a reference to a committee member in relation to a corporation is a reference to a committee-man in relation to the corporation; and
a reference to a unit includes a reference to a building lot; and
(c) a reference to a unit entitlement includes a reference to a building lot entitlement.
A decision of a corporation must be made:
at a general meeting of the corporation; or
in accordance with the process set out in clause 32.
(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 corporation 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 corporation – in clause 32.
Until the first annual general meeting of a corporation, the committee of the corporation consists of the members of the corporation.
If a member of the corporation is a company, the member must appoint an individual to be a committee member in place of the member.
The committee must not exercise a power or perform a function of the corporation unless authorised to do so by a resolution without dissent of the corporation recorded in accordance with clause 48.
Each committee member vacates office immediately before the election of committee members at the first annual general meeting.
The corporation must, at its first annual general meeting:
(a) decide the number of members who will constitute the committee; and
elect the committee members.
The number of committee members must be:
at least 2; and
unless decided by a special resolution – not more than 7.
(3) The corporation may, by a special resolution at a later annual general meeting, vary the number.
The committee consists of all the members of the corporation if:
there are not more than 3 members of the corporation; or
(b) the number of members of the corporation is equal to or less than the number decided to be the number of committee members.
(5) A member of the corporation must appoint an individual to be a committee member in place of the member if:
the member is a company; and
subclause (4) applies.