Building Units and Group Titles Regulation 2008

This regulation may be cited as the Building Units and Group Titles Regulation 2008.

This regulation commences 1 September 2008.

In this regulation—

annual general meeting means an annual general meeting under section 29A(1) of the Act.

approved form...

books of account means the books of account required to be kept by a body corporate under section 38D(1)(b) of the Act.

notice of conversion means a notice of conversion under section 12 of the Act.

other committee member, of a body corporate, means a member of the committee, other than the chairperson, secretary or treasurer of the committee.

plan of amalgamation means a plan of amalgamation under section 11 of the Act.

plan of resubdivision means a plan of resubdivision under section 10 of the Act.

registrar...

statement of accounts means a statement of accounts required to be prepared by a body corporate under section 38D(1)(c) of the Act.

s 4 om 2021 Act No. 12 s 148 sch 3

A relevant document must be—

in the approved form; and

in conformity with directions of the registrar of titles about the required format for a relevant document.

In this section—

relevant document means—

a plan; or

a plan of amalgamation; or

a notice of conversion.

The registrar of titles must make appropriate notification of the registration of a plan of amalgamation, plan of resubdivision or notice of conversion on the original plan for the plan of amalgamation, plan of resubdivision or notice of conversion (the original plan).

Without limiting subsection (1), the registrar of titles must—

chart the effect of registration on the diagram illustrating the lots, common property, or lots and common property, the subject of the original plan; and

for a plan of amalgamation—amend the schedule of lot entitlements to record the effect of registration.

This section applies to the nomination and election of a chairperson, secretary, treasurer and other committee members of a body corporate—

at the body corporate’s first annual general meeting under section 29(1) of the Act; or

at an annual general meeting of the body corporate if, because of a resolution of the body corporate under section 41(1) of the Act or a referee’s order under section 41(4) or (4A) of the Act—

schedule 2, part 2, section 1(4)(d), (5), (6), (7) or (10), 4(b), 5(b), 6 or 8 of the Act does not apply to the body corporate; or

schedule 4, section 10(f) of the Act does not apply to the body corporate; or

at an extraordinary general meeting of the body corporate under section 42(5)(a)(i) of the Act; or

at a meeting of the body corporate under section 43(3) of the Act.

Schedule 1 applies to the nomination and election.

This section applies to the nomination and election of a chairperson, secretary, treasurer and other committee members of a body corporate at an annual general meeting of the body corporate other than an annual general meeting mentioned in section 7(1)(a) or (b).

Schedule 2 applies to the nomination and election.

For section 37(2)(g)(i) of the Act, the prescribed amount, for the cost of improvements made to common property, is the amount worked out by using the formula—

$PA = 2,000 x L where—

L means the number of lots the subject of the plan that includes the common property.

PA means the prescribed amount in dollars.

For section 38D(1)(b) of the Act, the prescribed time is—

for minutes of meetings of a body corporate—until the day the plan whose registration incorporated the body corporate is extinguished under section 25(1) of the Act; and

for books of account of a body corporate—6 years after the day a statement of accounts prepared from the books of account is adopted by a general meeting of the body corporate.

For section 40AA(5)(a) of the Act, the following matters relating to a lot are prescribed—

details of the lot, including—

whether the lot is shown on a building units plan or a group titles plan; and

the lot number and plan number;

details of the plan, including—

the name of the building or parcel endorsed on the plan; and

the number of the plan; and

the specified Act that applies in relation to the plan;

the name and contact details of the secretary of the body corporate;

the name and contact details of any body corporate manager for the body corporate;

amounts associated with ownership of the lot that are payable to the body corporate, including amounts payable under a by-law made under section 30(7) of the Act;

contributions determined by the body corporate under section 38A(1), (2), (3) and (5) of the Act;

an amount determined under section 38A(4) of the Act;

any unpaid amount of—

an amount payable under a by-law made under section 30(7) of the Act; or

an amount recoverable under section 33(3) or (4) of the Act; or

a contribution levied under section 38B of the Act; or

a contribution levied under section 124(2) of the Act; or

another amount associated with ownership of the lot that is payable to the body corporate;

the lot entitlement of every lot the subject of the plan;

the aggregate lot entitlement for the plan;

any arrangement entered into between the body corporate and another entity for the conduct of a business by the entity of letting lots on behalf of proprietors;

any arrangement that—

is entered into between the body corporate and an entity who has entered into an arrangement mentioned in paragraph (k); and

is for the entity to carry out maintenance and repair for which the body corporate is responsible;

the by-laws in force for the plan;

the body corporate’s sinking fund balance;

the insurance held by the body corporate;

the most recent statement of accounts prepared under section 38D(1)(c) of the Act;

any arrangement to supply electricity to proprietors of lots or occupiers of lots through an embedded electricity network;

improvements in or on the common property for which a person will become responsible under section 37A(2) of the Act for properly maintaining and keeping in a state of good and serviceable repair if the person becomes the proprietor of the lot;

personal property vested in the body corporate.

The approved form may include provision for the following documents to be given with the form—

a document stating the details of each insurance policy held by the body corporate;

a document setting out the by-laws mentioned in subsection (1)(m) in consolidated form;

a copy of the statement of accounts mentioned in subsection (1)(p).

In this section—

specified Act see section 5A(3) of the Act.

The prescribed ground on which a body corporate may make an application under section 41(2) of the Act is that the body corporate has received written notice from each proprietor entitled to vote, but not voting, on a resolution under section 41(2) of the Act that the resolution is not opposed.