Body Corporate and Community Management (Standard Module) Regulation 2020

This regulation may be cited as the Body Corporate and Community Management (Standard Module) Regulation 2020.

This regulation commences on 1 March 2021.

This regulation is a regulation module for the Act.

This regulation is the regulation module that applies to a community titles scheme if no other regulation module applies to the scheme.

Notes—

1 Section 21(4)(b) of the Act gives the following examples of community titles schemes where no other regulation module applies—

the community management statement for a scheme fails to identify a regulation module as the regulation module applying to the scheme;

the community management statement for a scheme identifies as the regulation module applying to the scheme a regulation module that, under section 21(3) of the Act, does not apply to the scheme.

2 Under section 21(3) of the Act a regulation module does not apply if it states circumstances that must exist for a community titles scheme for the regulation module to apply to the scheme and the circumstances do not exist for the scheme.

The dictionary in schedule 1 defines particular words used in this regulation.

In a provision of this regulation about a community titles scheme—

a reference to the committee is a reference to the committee for the body corporate for the scheme; and

a reference to the chairperson is a reference to the chairperson of the body corporate for the scheme; and

a reference to the secretary is a reference to the secretary of the body corporate for the scheme; and

a reference to the treasurer is a reference to the treasurer of the body corporate for the scheme.

Note—

Under section 8 of the Act, in a provision about a community titles scheme, a reference to any of the following persons or things is a reference to the person or thing for the scheme—

1 scheme land

2 body corporate

3 common property

4 body corporate assets

5 community management statement

6 original owner

7 by-laws

8 body corporate manager, service contractor or letting agent.

If, for a community titles scheme, a body corporate manager is acting under a chapter 3, part 5 engagement, a reference in this regulation to the committee, chairperson, secretary or treasurer of the body corporate for the scheme is, if the context permits, a reference to the body corporate manager.

Example—

Sections 52, 86(1)(b), 93, 172, 173 and 174 are provisions where the context permits a reference to the committee to be a reference to a body corporate manager acting under a chapter 3, part 5 engagement.

For section 66(2)(b) of the Act, a community management statement may include the following things—

arrangements for future connections to utility infrastructure necessary to accommodate progressive development;

provisions adopting and regulating the operation of an architectural and landscape code, including the establishment and operation of an architectural review committee;

if the community titles scheme is the principal scheme in a layered arrangement of community titles schemes, or in a scheme intended to be developed progressively—arrangements or proposed arrangements with subsidiary schemes for the use, by the subsidiary schemes, of the common property or body corporate assets for the principal scheme.

Example for paragraph (c)—

The principal scheme might allow a subsidiary scheme to allocate car parks situated on the common property for the principal scheme.

Subject to subsection (2) there must be a committee for the body corporate for a community titles scheme.

There is no committee for the body corporate if the body corporate engages, under part 5, a body corporate manager to carry out the functions of a committee and each executive member of a committee.

The purposes of this chapter are—

to provide for the following matters in relation to a committee for the body corporate for a community titles scheme—

the composition of the committee;

the choosing of members of the committee;

the term of office of a member of the committee;

the filling of casual vacancies on the committee;

the meetings of the committee; and

to prescribe issues about which the committee may not make decisions; and

to enable the body corporate to engage a body corporate manager to carry out the functions of a committee and each executive member of a committee; and

to provide for matters that involve members of the committee that must be authorised by the body corporate.

A committee must consist of the following persons—

the persons chosen to be the executive members of the committee;

if ordinary members are chosen for the committee—the ordinary members;

each person who is a non-voting member of the committee.

There must be a chairperson, secretary and treasurer, whether or not there is a body corporate manager who has been authorised by the body corporate under section 119 of the Act to exercise some or all of the powers of an executive member of the committee.

A person may hold the positions of chairperson, secretary and treasurer, or any 2 of the positions, in conjunction.

The committee, other than a minor committee, must consist of at least 3 voting members and not more than the maximum number of voting members for the committee.

A person is eligible to be a voting member of the committee if the person is an individual nominated for membership of the committee by a member of the body corporate (the nominating entity) and is also—

a member of the body corporate; or

if the nominating entity is an individual—

a member of the individual’s family; or

a person acting under the authority of a power of attorney given by the individual; or

if the nominating entity is a corporation—a person who is a director, secretary or other nominee of the corporation; or

if the nominating entity is the body corporate for a subsidiary scheme in a layered arrangement of community titles schemes—a person who is a representative of the subsidiary scheme.

However, a person who is otherwise eligible under subsection (1) to be a voting member of the committee is ineligible to be a voting member of the committee if the person is—

a body corporate manager, service contractor or letting agent; or

an associate of a body corporate manager, service contractor or letting agent, other than an owner of a lot who is the associate of a letting agent merely because the letting agent, in conducting the agent’s letting agent business, acts for the owner; or

a person, other than a letting agent for the scheme, who conducts a letting agent business for the scheme; or

a member of the body corporate who owes a body corporate debt in relation to a lot or lots owned by the person at the time voting members are chosen; or

a person nominated by a member mentioned in paragraph (d).

Unless otherwise permitted under this regulation, for each lot that is co-owned, only 1 co-owner of the lot can be a voting member of the committee, on the basis of ownership of the lot, at a time.

Note—

For example, this regulation permits otherwise under sections 38, 42 and 50.

Also, for each lot that is owned, or co-owned, by an individual, only 1 of the following persons can be a voting member of the committee on the basis of ownership of the lot, at a time—

the individual owner of the lot;

a member of the individual owner’s family;

a person acting under the authority of a power of attorney given to the person by the individual owner of the lot.

The following persons are, without further election or appointment, members of the committee—

a body corporate manager for the community titles scheme;

a caretaking service contractor for the scheme.

A person who is a member under this section is—

a non-voting member of the committee; and

not entitled to vote at a meeting of the committee.

Subsection (2) applies even if the person is a member of the body corporate.