The primary object of the Body Corporate and Community Management Act 1997 (the Act) is to provide for flexible and contemporary communally based arrangements for the use of freehold land, having regard to the secondary objects contained in Section 2 of the Act.
How primary object is to be achieved:
For the achievement of its primary object, the Act provides for:
- the establishment of community titles schemes; and
- the operation and management of community titles schemes contained in Section 3 of the Act.
The following are the secondary objects of this Act:
- to balance the rights of individuals with the responsibility for self management as an inherent aspect of community titles schemes
- to promote economic development by establishing sufficiently flexible administrative and management arrangements for community titles schemes
- to provide a legislative framework accommodating future trends in community titling
- to ensure that bodies corporate for community titles schemes have control of the common property and body corporate assets they are responsible for managing on behalf of owners of lots included in the schemes
- to provide bodies corporate with the flexibility they need in their operations and dealings to accommodate changing circumstances within community titles schemes
- to provide an appropriate level of consumer protection for owners and intending buyers of lots included in community titles schemes
- to ensure accessibility to information about community titles scheme issues
- to provide an efficient and effective dispute resolution process outlined in Section 4 of the Act.
The legislative arrangements cover:
- the establishment of community titles schemes, such as duplexes, apartment blocks, townhouses, shopping centres and commercial parks
- the rights and obligations of persons who own lots in such schemes
- the procedures and processes by which those owners manage their affairs
- the role of other stakeholders in this process and
- the provision of dispute resolution and information services for stakeholders.
The following Subordinate Legislation should be examined:
- Body Corporate and Community Management Act 1997
- Body Corporate and Community Management(Accommodation Module)Regulation 2008
- Body Corporate and Community Management(Commercial Module)Regulation 2008
- Body Corporate and Community Management(Small Schemes Module)Regulation 2008
- Body Corporate and Community Management(Standard Module)Regulation 2008 and
- Body Corporate and Community Management (Specified Two-lot Schemes Module) Regulation 2011.
- Building Units and Group Titles Act 1980 (Act administered by Department of Natural Resources, Mines and Energy)
- Registration of Plans(H.S.P. (Nominees) Pty Ltd)Enabling Act 1980; and
- Registration of Plans(Stage 2)(H.S.P. Nominees) Pty Ltd)Enabling Act 1984
( Acts administered by Department of Natural Resources, Mines and Energy)
- Integrated Resort Development Act 1987
- Mixed Use Development Act 1993 and
- Sanctuary Cove Resort Act 1985
(Acts administered by Department of Local Government and Planning); and
The following Guides or Booklets are available:
Forms available under the Act include:
- Notice to Body Corporate of Contravention of a Body Corporate By-Law
- Notice of Authorised Signatories on Body Corporate Financial Institution Account
- Search of Orders
- Notice of Annual General Meeting of the Body Corporate
- Notice of Extraordinary General Meeting of the Body Corporate
- Proxy Form for Body Corporate General Meetings
- Proxy Form for Committee Meetings
- Information for Body Corporate Roll
- Information Required by Body Corporate
- Notice of Continuing Contravention of a Body Corporate By-Law
- Notice Regarding Likely Future Contravention of a Body Corporate By-Law
- Requiring Information from a Body Corporate
- Body Corporate Information Certificate
- Guidelines for the Engagement of a Body Corporate Manager to carry out the functions of a Committee and its Executive Members
- The effect of a Change in the Regulation Module Applying to a Scheme
- Explanatory Note - proposal to amend
- Application - waiver of application fee
- Body Corporate: A Quick Guide to Community Living in Queensland.
An obligation defined in law. A business must comply with relevant services.
Definition of terms
- Body corporate manager
A person is a body corporate manager for a community titles scheme if the person is engaged by the body corporate (other than as an employee of the body corporate) to supply administrative services to the body corporate, whether or not the person is also engaged to carry out the functions of a committee, and the executive members of a committee, for a body corporate.
- Community titles scheme
A community titles scheme is:
a single community management statement recorded by the registrar identifying land (the "scheme land"); and
the scheme land.
Land may be identified as scheme land only if it consists of:
2 or more lots; and
other land (the "common property" for the community titles scheme) that is not included in a lot mentioned in paragraph (a).
- Letting agent
a person is a letting agent for a community titles scheme if the person is authorised by the body corporate to conduct a letting agent business for the scheme.
- Letting agent business
a person conducts a letting agent business for a community titles scheme if the person conducts, subject to the Property Agents and Motor Dealers Act 2000 , the business of acting as the agent of owners of lots included in the scheme who choose to use the persons services for securing, negotiating or enforcing (including collecting rents or tariffs for) leases or other occupancies of lots included in the scheme.
Compliance Mechanisms and Penalties
The dispute resolution service is available to owners, occupiers and bodies corporate. The legislation requires the application to lodge a dispute on the approved form for conciliation or adjudication with the Commissioner's Office.
An adjudicator has wide powers under the Act and may make an order that is just and equitable to resolve a dispute involving a claimed contravention of the Act or the community management statement for a community titles scheme. Schedule 5 to the Act gives examples of the orders which an adjudicator may make and includes an order:
- requiring the body corporate to record a new community management statement;
- to call a general meeting to deal with stated business;
- to increase or reduce contributions; and
- to declare motions or meetings void.
Both the Act and the Regulation modules prescribe penalties for failure or breach of certain parts of the legislation. Where a penalty provision is made, such penalties may be imposed by a Magistrates Court, acting under powers given by Section 19 of the Justices Act 1886.
Review or Appeal Mechanisms
The Commissioner does not have the power to review an adjudicators decision. An order of an adjudicator can be appealed to the Queensland Civil and Administrative Tribunal on a question of law by the applicant; the body corporate; a person against whom the order is made; or a person who made a written submission. An appeal must be started within 6 weeks of the date of the order, however the appeal body may allow the appeal to be started at a later time on application by the aggrieved person.
Department of Justice and Attorney-General
Office of The Commissioner for Body Corporate and Community Management
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