Subdivision (Body Corporate) (Interim) Regulations 2000

i Subdivision (Body Corporate) (Interim) Regulations 2000 S.R. No. 105/2000 TABLE OF PROVISIONS Regulation Page PART 1—PRELIMINARY 1 101. Objectives 1 102. Authorising provisions 2 103. Commencement 2 104. Definitions 2 PART 2—FUNCTIONS AND POWERS OF BODIES CORPORATE 4 Division 1—General Functions and Powers 4 201. Functions of bodies corporate 4 202. Powers of bodies corporate 5 Division 2—Financial Provisions 6 203. Accounts and financial statements 6 204. Recovery of amounts owed to the body corporate 6 Division 3—Use of and Repairs, Maintenance and Other Works on Property 6 205. Use of common property 6 206. Leasing or licensing of the common property 6 207. Repairs etc. of common property 7 208. Repairs etc. of lots 7 209. Cost of repairs or other work 8 210. When can the body corporate authorise a person to enter a lot? 8 211. What notice must be given? 8 Division 4—Insurance 9 212. When is insurance compulsory and what must be insured? 9 213. Reinstatement insurance 10 214. Public liability insurance 11 215. When is insurance optional? 11 -- 1 of 51 -- Regulation Page ii 216. Insurance contributions by members 11 217. Body corporate can agree that members arrange own insurance 11 Division 5—Rules of the Body Corporate 11 218. Making rules 11 Division 6—Body Corporate Certificates 12 219. Body corporate certificate 12 220. Fee for certificate 13 Division 7—Provision of Services 13 221. Services to members and occupiers 13 Division 8—General 13 222. Limitations on a body corporate 13 PART 3—OPERATION OF BODIES CORPORATE 15 Division 1—Secretary, Manager and Other Officers 15 301. Appointment of secretary and other officers 15 302. Appointment of manager 15 303. Change or removal of secretary or manager 15 Division 2—Committee 16 304. Election of committee 16 305. Membership of committees 16 306. Casual vacancies on a committee 16 307. Chairpersons of committees 17 308. Proceedings of committees 17 Division 3—Delegation 17 309. Delegation 17 Division 4—Miscellaneous matters 18 310. Common seal 18 311. What records must a body corporate keep? 18 312. Availability of records and documents 18 313. Letterbox or other indication of body corporate 19 314. Body corporate to notify Registrar of change of address for service 19 -- 2 of 51 -- Regulation Page iii PART 4—MEETINGS OF BODIES CORPORATE 20 401. First meeting of a body corporate 20 402. Annual general meeting 20 403. Who may convene annual general meetings? 21 404. Can additional general meetings be convened? 21 405. How is notice given for a general meeting? 21 406. Proxies 22 407. Decisions by meeting or postal ballot 22 408. Postal ballots 22 409. Quorum for a meeting 23 410. Can a meeting proceed even without a quorum? 23 411. Who chairs the meeting? 24 412. Are votes related to the value of the lots? 24 413. Does the chairperson have a casting vote? 24 414. Can a member vote if fees are unpaid to the body corporate? 25 415. Minutes of meetings 25 PART 5—OBLIGATIONS AND RIGHTS OF MEMBERS 26 501. Care of lots 26 502. Care of common property 26 503. Overhanging eaves 26 504. Right to decorate interior walls, floors and ceilings 26 505. Address for new owners 26 506. Address of absent owners 27 507. Advice to occupiers 27 508. Compliance with rules and Regulations 27 PART 6—MISCELLANEOUS PROVISIONS 28 601. Notice of intention to wind up a body corporate—Section 31(4) 28 602. Application to Registrar after Court Order—Section 31(6) 28 603. Form of application to alter lot entitlement and liability—Section 33(1) 28 604. Registrar to record information—Section 27(5) 28 PART 7—SAVINGS PROVISIONS FOR STRATA AND CLUSTER PLANS 29 701. Definitions 29 702. Location of boundaries on strata plans 29 703. Form of application to remove restrictions—Section 44(5) 30 704. Form of application to alter or cancel a scheme of development 30 705. Bodies corporate created on or after 30 October 1989 30 -- 3 of 51 -- Regulation Page iv PART 8—FURTHER TRANSITIONAL PROVISIONS 31 801. Definition 31 802. Saving of existing rules 31 803. Saving of secretary 31 804. Saving of managing agents 31 805. Saving of existing delegations 32 PART 9—EXPIRY 33 901. Expiry 33 __________________ SCHEDULE 34 Form 1—Standard Rules 34 Form 2—Notification of change or adoption of rules 36 Form 3—Body corporate certificate 37 Form 4—Appointment of manager 39 Form 5—Change of address 40 Form 6—Notice of application to wind up body corporate 41 Form 7—Application to cancel or amend plan 42 Form 8—Application for alteration of lot entitlement and liability 43 Form 9—Application for removal of restriction 44 Form 10—Application by body corporate for alteration or cancellation of scheme of development 45 Form 11—Application by registered proprietor for alteration or cancellation of scheme of development 46 ═══════════════ ENDNOTES 47 -- 4 of 51 -- 1 STATUTORY RULES 2000 S.R. No. 105/2000 Subdivision Act 1988 Subdivision (Body Corporate) (Interim) Regulations 2000 The Governor in Council makes the following Regulations: Dated: 17 October 2000 Responsible Minister: JOHN THWAITES Minister for Planning HELEN DOYE Clerk of the Executive Council PART 1—PRELIMINARY 101. Objectives The objectives of these Regulations are— (a) to specify the functions and powers of bodies corporate; (b) to make further provision for the establishment and operation of bodies corporate; (c) to specify obligations and rights of members of bodies corporate; (d) to provide for forms and procedures for the recording or giving of information required by the Act; (e) to make further provision for plans of strata and cluster subdivision. -- 5 of 51 -- S.R. No. 105/2000 Subdivision (Body Corporate) (Interim) Regulations 2000 2 102. Authorising provisions These Regulations are made under sections 28A, 29, 31 and 43 of the Subdivision Act 1988. 103. Commencement These Regulations come into operation on 17 October 2000. 104. Definitions In these Regulations— "Act" means the Subdivision Act 1988; "rules" means standard rules and special rules; "committee" in relation to a body corporate, means a committee of the body corporate established under Division 2 of Part 3; "form" means a form in the Schedule; "GST" has the same meaning as in the A New Tax System (Goods and Services) Act 1999 of the Commonwealth; "manager" in relation to a body corporate, means the person, if any, appointed in accordance with regulation 302 as the manager (by whatever name called) for the body corporate; "member", in relation to a body corporate means an owner of a lot affected by the body corporate; "secretary" in relation to a body corporate, means the person, if any, appointed under regulation 301 as the secretary of the body corporate; "special resolution" means a resolution passed by— r. 102 -- 6 of 51 -- S.R. No. 105/2000 Subdivision (Body Corporate) (Interim) Regulations 2000 3 (a) if the vote is taken at a meeting, at least 75% of the votes for the total number of lots affected by the body corporate; or (b) if a poll or ballot is taken, at least 75% of total lot entitlements of all the lots affected by the body corporate;` "special rules" means rules made by the body corporate under regulation 218; "standard rules" means the rules set out in Form 1; "unanimous resolution" means a resolution passed by— (a) if a poll or ballot is taken, the total lot entitlements of all the lots affected by the body corporate; or (b) in any other case, the total votes for all the lots affected by the body corporate. _______________ r. 104 -- 7 of 51 -- S.R. No. 105/2000 Subdivision (Body Corporate) (Interim) Regulations 2000 4 PART 2—FUNCTIONS AND POWERS OF BODIES CORPORATE Division 1—General Functions and Powers 201. Functions of bodies corporate (1) A body corporate has the following functions— (a) to keep in a state of good and serviceable repair and maintain— (i) the common property; (ii) the chattels, fixtures, fittings and services related to the common property or its enjoyment; (iii) the equipment and services for which an easement exists for the benefit of the land affected by the body corporate; (b) to manage and administer the common property; (c) to take out, maintain and pay premiums on insurance required or permitted by any Act or Division 4 of this Part and any other insurance the body corporate considers appropriate; (d) to provide a certificate in accordance with Division 6 when requested; (e) to take any action necessary or desirable to ensure that these Regulations and the rules of the body corporate are complied with; (f) to carry out any other functions conferred on the body corporate by the Act, these Regulations or any other law. r. 201 -- 8 of 51 -- S.R. No. 105/2000 Subdivision (Body Corporate) (Interim) Regulations 2000 5 (2) The body corporate does not have to maintain any service that is exclusively for the benefit of one lot. 202. Powers of bodies corporate (1) A body corporate has all the powers that are necessary to enable it to perform its functions, including, but not limited to, the following powers— (a) to set fees intended to cover general administration and maintenance, insurance and other recurrent obligations of the body corporate, based on lot liability and to determine the times for payment of these fees; (b) to levy special fees or charges designed to cover extraordinary items of expenditure, based on the lot liability; (c) to acquire, hold and dispose of personal property for the use of members of the body corporate and the occupants of lots and the general public; (d) to borrow, repay and invest money; (e) to establish and operate any bank account consistent with current business practice; (f) to appoint or employ persons to assist the body corporate in the performance of its functions; (g) to provide services or arrange for the provision of services to members of the body corporate and the occupiers of lots; (h) any other powers conferred on it by these Regulations or the rules of the body corporate. r. 202 -- 9 of 51 -- S.R. No. 105/2000 Subdivision (Body Corporate) (Interim) Regulations 2000 6 (2) A special resolution is required when exercising a power under sub-regulation (1)(b) if the amount involved is more than twice the total amount of the current annual fees set under sub-regulation (1)(a). Division 2—Financial Provisions 203. Accounts and financial statements The body corporate must— (a) keep proper books of account covering all income and expenditure of the body corporate and assets and liabilities of the body corporate; and (b) prepare proper financial statements of all income and expenditure and assets and liabilities. 204. Recovery of amounts owed to the body corporate The body corporate may recover any amount owed to the body corporate in a court of competent jurisdiction. Division 3—Use of and Repairs, Maintenance and Other Works on Property 205. Use of common property By special resolution, the body corporate may— (a) permit the use of the common property or the personal property of the body corporate by members of the public when it is not required by the members of the body corporate; and (b) charge a fee for the use of that property by members of the public. 206. Leasing or licensing of the common property r. 203 -- 10 of 51 -- S.R. No. 105/2000 Subdivision (Body Corporate) (Interim) Regulations 2000 7 By special resolution, the body corporate may lease or license the whole or any part of the common property. 207. Repairs etc. of common property (1) The body corporate may carry out any necessary repairs, maintenance and other works on common property. (2) A special resolution is required if the amount involved in the works on common property (other than maintenance and repairs) is more than twice the total amount of the current annual fees set under regulation 202(1)(a). 208. Repairs etc. of lots (1) If a member has refused or failed to carry out repairs, maintenance or other works to the member's lot that are required because— (a) the outward appearance or outward state of repair of the lot is adversely affected; or (b) the use and enjoyment of the lots or common property by other members is adversely affected— the body corporate may serve a notice on the member requiring the member to carry out the necessary repairs, maintenance or other works. (2) If a member has been served with a notice under sub-regulation (1), the member must carry out the repairs, maintenance or other works required by the notice within 28 days of the service of the notice. (3) If a member has been served with a notice under sub-regulation (1) and has not complied with the r. 207 -- 11 of 51 -- S.R. No. 105/2000 Subdivision (Body Corporate) (Interim) Regulations 2000 8 notice within the required time, the body corporate may carry out the necessary repairs, maintenance or other works to the lot. 209. Cost of repairs or other work A body corporate may recover the cost of repairs or other work undertaken substantially for the benefit of some of the lots from the members who are the owners of those lots, but the amount payable by those lots is to be calculated on the basis that the lot that benefits more pays more. 210. When can the body corporate authorise a person to enter a lot? A body corporate may authorise a person to enter a lot or a building on a lot on its behalf— (a) to inspect, maintain or replace any structural or service component of the building for which the body corporate is responsible; or (b) to carry out maintenance, repairs or other works in accordance with regulation 208(3). 211. What notice must be given? (1) The body corporate must give at least 7 days notice in writing to the occupier of a lot of its intention to enter the lot unless— (a) the occupier agrees to a lesser time; or (b) there is an emergency. (2) Despite sub-regulation (1), if the lot is occupied under a residential tenancy agreement, the body corporate must give the same notice to the occupier as that required by a landlord under section 85 of the Residential Tenancies Act 1997. r. 209 -- 12 of 51 -- S.R. No. 105/2000 Subdivision (Body Corporate) (Interim) Regulations 2000 9 (3) In this regulation— "emergency" includes— (a) an interruption to gas, water, electricity, telephone, drainage, sewerage or a similar service; or (b) a leak or a similar problem requiring prompt attention; or (c) cracking or a similar problem likely to affect the immediate safety of the building. Division 4—Insurance 212. When is insurance compulsory and what must be insured? (1) The body corporate must take out insurance for all lots and common property in a plan in which any lots or common property are located above or below common property, reserves or other lots. (2) A body corporate is required to take out insurance for all buildings on the common property affected by it. (3) The kind of insurance required is public liability and reinstatement insurance in accordance with regulations 213 and 214. (4) If 2 or more bodies corporate are created on the same plan and the land affected by the body corporate is the same as or includes all the land affected by any of the others then sub-regulations r. 212 -- 13 of 51 -- S.R. No. 105/2000 Subdivision (Body Corporate) (Interim) Regulations 2000 10 (1), (2) and (3) do not apply to that other body corporate. 213. Reinstatement insurance Reinstatement insurance must— (a) provide for the cost necessary to replace, repair or rebuild the property to a condition substantially the same, but not better or more extensive than its condition when new; and (b) provide for the payment of expenses necessarily and reasonably incurred in the removal of debris and the remuneration of architects and other persons whose services are necessary, being incidental to the replacement, repair or rebuilding of the damaged property; and (c) include— (i) a provision that the interests of mortgagees are noted; and (ii) a provision that a mortgagee whose interests are noted shall be given the notices that are required under section 59 of the Insurance Contracts Act 1984 of the Commonwealth at the same time those notices are given to the insured; and (iii) a provision that the insurer cannot avoid the whole contract for breach of a condition of the contract unless the breach is by the body corporate or all members, but the insurer has a right of r. 213 -- 14 of 51 -- S.R. No. 105/2000 Subdivision (Body Corporate) (Interim) Regulations 2000 11 indemnity against those members who breach the contract. 214. Public liability insurance The amount of public liability insurance must not be less than $5 000 000. 215. When is insurance optional? (1) A body corporate may resolve by special resolution to insure lots or common property not required by section 212 to be insured. (2) Insurance taken out under sub-regulation (1) may cover reinstatement or public liability insurance or both, for buildings or the common property or both, or any other risk. 216. Insurance contributions by members Insurance contributions to the body corporate for any insurance taken out by the body corporate must be assessed by the body corporate in accordance with lot liability. 217. Body corporate can agree that members arrange own insurance If a body corporate is not required to take out insurance by regulation 212, it may resolve by special resolution that members must arrange their own insurance. Division 5—Rules of the Body Corporate 218. Making rules (1) By special resolution, the body corporate may make rules (including consolidated rules) for the land affected by the body corporate. r. 215 -- 15 of 51 -- S.R. No. 105/2000 Subdivision (Body Corporate) (Interim) Regulations 2000 12 (2) The body corporate must include among its rules any of the rules set out in Form 1 that it wishes to retain. (3) By special resolution, the body corporate may revoke any rules made under sub-regulation (1). (4) If the body corporate does not make any rules or revokes all its rules, then the standard rules apply to it. (5) If the body corporate makes or revokes its rules, the body corporate must lodge with the Registrar— (a) the form in Form 2; and (b) a copy of the complete set of rules or of the revocation. (6) If the body corporate makes or revokes its rules the rules or the revocation do not come into effect until the Registrar has recorded the rules or revocation. (7) If a body corporate wishes to amend its rules it must do so by remaking the existing rules with the amendments as consolidated rules. (8) On the coming into effect of consolidated rules, any existing rules of the body corporate are revoked. Division 6—Body Corporate Certificates 219. Body corporate certificate (1) Any person may apply to the body corporate for a body corporate certificate. (2) The application must be in writing and must be accompanied by the fee fixed under regulation 220. r. 219 -- 16 of 51 -- S.R. No. 105/2000 Subdivision (Body Corporate) (Interim) Regulations 2000 13 (3) On receipt of an application and the fee fixed under regulation 220, the body corporate must issue a certificate in the form of Form 3. 220. Fee for certificate The fee to be paid for the issue of a certificate under this Division is $50.00 and is to be increased by an amount equal to the amount (if any) of GST payable on the issue of the certificate. Division 7—Provision of Services 221. Services to members and occupiers (1) The body corporate, by special resolution may decide to— (a) provide a service to members of the body corporate or the occupiers of lots; or (b) arrange for the provision of a service to members of the body corporate or the occupiers of lots. (2) The body corporate may require a member or occupier to whom a service has been provided to pay for the cost of providing the service to the member or occupier. Division 8—General 222. Limitations on a body corporate (1) A plan may specify limitations on a body corporate in accordance with sub-regulation (2). (2) If the plan includes the statement "limited to common property", then regulations 208, 209, 210, 211, 503 and 504 (except as it applies to eaves overhanging boundaries with common r. 221 -- 17 of 51 -- S.R. No. 105/2000 Subdivision (Body Corporate) (Interim) Regulations 2000 14 property) and standard rules (c), (d) (except as it applies to common property), (e) and (f) (except as it applies to common property) do not apply. _______________ -- 18 of 51 -- S.R. No. 105/2000 Subdivision (Body Corporate) (Interim) Regulations 2000 15 PART 3—OPERATION OF BODIES CORPORATE Division 1—Secretary, Manager and Other Officers 301. Appointment of secretary and other officers A body corporate may appoint a secretary of the body corporate and other officers. 302. Appointment of manager (1) A body corporate may appoint a person to be the manager of the body corporate. (2) A manager need not be a member of the body corporate. (3) It is a condition of a manager's appointment that the manager holds insurance to indemnify the manager against any claims due to the negligence of the manager or the manager's employees arising from their actions on behalf of the body corporate. (4) The minimum level of insurance to be taken out by a manager must be sufficient to meet claims up to a level of $500 000 in any one year. (5) If the manager is to receive a fee, the body corporate must use Form 4 to appoint the manager. (6) The manager must submit a report of the manager's activities to each annual general meeting. 303. Change or removal of secretary or manager At an annual general meeting or special general meeting, a body corporate may resolve to change or remove its secretary or manager. r. 301 -- 19 of 51 -- S.R. No. 105/2000 Subdivision (Body Corporate) (Interim) Regulations 2000 16 Division 2—Committee 304. Election of committee (1) A body corporate with 13 or more members must elect a committee at each annual general meeting. (2) A body corporate with more than 6 but less than 13 members may elect a committee at an annual general meeting. (3) A body corporate with not more than 6 members may elect a committee at any general meeting. 305. Membership of committees (1) A committee of a body corporate must have at least 3 and not more than 12 members. (2) The members of the committee must be members of the body corporate or hold proxies on behalf of members of the body corporate. (3) Subject to these Regulations, the members of the committee hold office from their election until a new committee is elected. (4) The body corporate may at an annual general meeting or special general meeting, resolve to add or remove a committee member or replace or remove a committee. 306. Casual vacancies on a committee (1) A casual vacancy is a vacancy that occurs between annual general meetings. (2) If there is a casual vacancy on a committee, the remaining members of the committee may— (a) co-opt another member of the body corporate or a person holding a proxy for a member of the body corporate to be a member of the committee; r. 304 -- 20 of 51 -- S.R. No. 105/2000 Subdivision (Body Corporate) (Interim) Regulations 2000 17 (b) if there are 3 or more remaining members, proceed without filling the vacancy. 307. Chairpersons of committees The members of the committee must appoint a member of the committee to be the chairperson. 308. Proceedings of committees (1) The quorum for a meeting of a committee is at least half of the members of the committee. (2) Subject to the directions of the body corporate, the committee may regulate its own proceedings. (3) The committee may appoint sub-committees. (4) The committee must present a report of its activities to the annual general meeting of the body corporate. Division 3—Delegation 309. Delegation (1) A body corporate may by instrument delegate all or any of its powers and functions to a member or officer of the body corporate, except— (a) a power or function requiring a special resolution or a unanimous resolution; or (b) a power or function under regulation 402 or 404; or (c) the power to remove a committee or officer of the body corporate; or (d) this power of delegation. (2) A body corporate may by instrument delegate its power of delegation to the secretary or manager of the body corporate. r. 307 -- 21 of 51 -- S.R. No. 105/2000 Subdivision (Body Corporate) (Interim) Regulations 2000 18 (3) Without limiting any other conditions that may be imposed, a power of delegation under sub- regulation (2) must be granted on condition that— (a) the secretary may only sub-delegate to a member of the body corporate; and (b) the manager may only sub-delegate to an employee of the manager. (4) In this regulation "officer" includes secretary and manager. Division 4—Miscellaneous matters 310. Common seal (1) The common seal of a body corporate must be kept as directed by the body corporate. (2) The common seal of a body corporate must only be affixed to a document in accordance with a resolution of the body corporate. (3) The common seal must be affixed in the presence of 2 members of the body corporate who must sign when the seal is affixed. 311. What records must a body corporate keep? In addition to any other records required under these Regulations to be kept, the body corporate must keep the following records— (a) the full name and address of each member; (b) records of postal ballots. 312. Availability of records and documents The body corporate, on request by a member, a mortgagee of a lot or their representative, must make the accounts and minutes of meetings of the body corporate and its books of accounts available to that person for inspection at any reasonable time. r. 310 -- 22 of 51 -- S.R. No. 105/2000 Subdivision (Body Corporate) (Interim) Regulations 2000 19 313. Letterbox or other indication of body corporate (1) The body corporate must maintain a letterbox and a sign labelled "Body Corporate Plan No. (insert plan number)" or "Body Corporate No. (insert number) Plan No. (insert plan number)", as the case requires. (2) The body corporate address on the sign must correspond with the address on the registered plan. (3) The letterbox must be near other letterboxes for the land affected by the body corporate or, if those letterboxes are dispersed, near a street abutting the land. (4) It is sufficient compliance with sub-regulation (1) if the sign is placed on the letterbox of a member of the body corporate who is responsible for the body corporate mail. (5) If the body corporate appoints a manager, the body corporate must erect and maintain a sign giving the manager's name and address and the body corporate number in a place clearly visible from either the main group of letterboxes or the main entrance to the land. (6) If the body corporate appoints a manager and a sign referred to in sub-regulation (5) has been erected, a letterbox need not be provided. 314. Body corporate to notify Registrar of change of address for service If the address for service of notices of the body corporate changes, the body corporate must notify the Registrar in the form of Form 5. _______________ r. 313 -- 23 of 51 -- S.R. No. 105/2000 Subdivision (Body Corporate) (Interim) Regulations 2000 20 PART 4—MEETINGS OF BODIES CORPORATE 401. First meeting of a body corporate (1) The applicant for registration of a plan which provides for the creation of a body corporate must convene the first meeting of the body corporate within 6 months of the registration of the plan. (2) At the first meeting of the body corporate the applicant must provide for the purposes of the body corporate all of the following— (a) the full name and address for service of notices of each member of the body corporate; (b) a copy of the plan of subdivision and all related building plans and other similar documents; (c) a copy of the Act and these Regulations; (d) any insurance policies in force in relation to the property, including any insurance policy taken out under section 9AAA of the Sale of Land Act 1962; (e) the names of those companies, tradespeople or suppliers who provided a warranty or other guarantee on any matter for which the body corporate is responsible and copies of those warranties and guarantees; (f) books to enable the body corporate to keep the necessary minutes, accounts and other records; (g) a common seal for the body corporate. 402. Annual general meeting r. 401 r. 402 -- 24 of 51 -- S.R. No. 105/2000 Subdivision (Body Corporate) (Interim) Regulations 2000 21 (1) A body corporate must have an annual general meeting if it receives or pays out money in any financial year. (2) The time between those annual general meetings must not exceed 15 months. 403. Who may convene annual general meetings? (1) The first meeting of a body corporate convened under regulation 401 is the first annual general meeting. (2) All other annual general meetings must be convened either by the manager acting on the authority of the committee, the secretary, the chairperson of the committee or in the absence of a committee, by a member or the manager. 404. Can additional general meetings be convened? (1) Members whose lot entitlements total at least 25% of all lot entitlements for the land affected by the body corporate may petition the secretary, the manager or the committee to convene a special general meeting. (2) The secretary, the manager or the chairperson of the committee must convene a special general meeting when petitioned. (3) If there is no secretary, manager, chairperson of the committee or committee or they do not convene the special general meeting, then any member may convene it. (4) The secretary, the manager, the chairperson of the committee or the committee may convene a special general meeting whenever there is a matter requiring decision by the members. 405. How is notice given for a general meeting? r. 405 -- 25 of 51 -- S.R. No. 105/2000 Subdivision (Body Corporate) (Interim) Regulations 2000 22 (1) The convenor must give each member 14 days notice in writing before either an annual general meeting or a special general meeting. (2) The notice may either be handed to a member or posted to the member at the member's last known address. (3) The notice must set out the time and place of the meeting and the general nature of any business or any resolutions proposed to be discussed at the meeting. 406. Proxies (1) A member may give a proxy to another person for any of the following— (a) to attend, speak or vote on the member's behalf at a meeting of the body corporate; (b) to vote on the member's behalf at a ballot; (c) to represent the member on a committee. (2) The proxy may set out how to vote on particular matters. 407. Decisions by meeting or postal ballot Resolutions of the body corporate may be made by meeting or postal ballot. 408. Postal ballots (1) A postal ballot may be arranged— (a) by the secretary, the manager, the chairperson of the committee or the committee; or (b) if there is no secretary, manager, chairperson or committee, by a member. (2) A postal ballot must include a closing date for the receipt of ballots being at least 14 days after the date the notice of ballot is posted. -- 26 of 51 -- S.R. No. 105/2000 Subdivision (Body Corporate) (Interim) Regulations 2000 23 (3) If there is a postal ballot, the decision is made as follows— (a) matters requiring an ordinary resolution must be passed by a majority of the votes returned by the closing date but the number of votes returned must be not less than the number needed for a quorum in accordance with regulation 409; (b) other matters must be passed by a special resolution or unanimous resolution, as appropriate. (4) If a postal ballot is arranged by members they must give the body corporate all information necessary to enable it to keep records of the postal ballot. (5) A member may vote by completing any ballot paper. 409. Quorum for a meeting A quorum for a meeting is at least 50% of the total votes or if 50% of the total votes is not available the quorum is at least 50% of the total lot entitlement. 410. Can a meeting proceed even without a quorum? (1) If there is not a quorum, the meeting may proceed but all decisions are interim decisions. (2) Notice of all interim decisions must be forwarded to all members within 14 days of the meeting. (3) A further meeting is only required if the members petition a meeting, as provided in regulation 404, within 28 days of the meeting. (4) Interim decisions become decisions of the body corporate— r. 409 -- 27 of 51 -- S.R. No. 105/2000 Subdivision (Body Corporate) (Interim) Regulations 2000 24 (a) if no decision is received within 29 days from the date of the interim decision; or (b) in any other case, when confirmed at a later meeting. 411. Who chairs the meeting? (1) At a meeting, the body corporate may elect a chairperson. (2) If the body corporate does not elect a chairperson then the chairperson of the committee chairs the meeting. 412. Are votes related to the value of the lots? (1) Subject to sub-regulation (3), there is to be one vote for each lot. (2) At a meeting, voting may be by show of hands unless the meeting resolves otherwise. (3) A member present in person or by proxy may, before or after the vote is taken, require that a poll be taken based on one vote for each unit of lot entitlement. (4) Voting on a poll must be by written ballot. (5) If a poll is required after the vote is taken, the decision taken by the vote has no effect and the decision on the matter is the decision of the poll. (6) All matters other than matters requiring special resolutions and unanimous resolutions must be determined by a simple majority of votes cast at a meeting. 413. Does the chairperson have a casting vote? r. 411 r. 413 -- 28 of 51 -- S.R. No. 105/2000 Subdivision (Body Corporate) (Interim) Regulations 2000 25 (1) The chairperson may only have a second vote or the casting vote if the voting is equal and the chairperson is a member of the body corporate or votes as proxy for a member. (2) If the voting is equal and the chairperson does not exercise a casting vote, the motion is not passed. 414. Can a member vote if fees are unpaid to the body corporate? A member whose body corporate fees or other amounts owing to the body corporate are in arrears is not entitled to vote, either in person, by ballot or by proxy, except when a unanimous resolution is required. 415. Minutes of meetings (1) The body corporate must arrange for minutes to be kept of general meetings and committee meetings. (2) The minimum information to be recorded in the minutes for each meeting is— (a) the date, time and venue of the meeting; and (b) the names of members and holders of proxies present; and (c) the names of people who have provided proxies; and (d) the voting on any resolutions. _______________ -- 29 of 51 -- S.R. No. 105/2000 Subdivision (Body Corporate) (Interim) Regulations 2000 26 PART 5—OBLIGATIONS AND RIGHTS OF MEMBERS 501. Care of lots A member must properly maintain the member's lot in a state of good and serviceable repair and must also maintain any service that serves that lot exclusively. 502. Care of common property A member must not use or neglect the common property or permit it to be used, or neglected in a manner that is likely to cause damage or deterioration to the common property. 503. Overhanging eaves If a boundary of a lot which bisects a roof is located at any location other than the internal face of the walls of the building, the member who owns the lot is responsible for the maintenance of any eaves which overhang the boundary of the lot. 504. Right to decorate interior walls, floors and ceilings (1) If a boundary of a lot is shown on a plan as being the interior face of the building, the member who owns the lot has the right to decorate or attach fixtures or chattels to that face. (2) This regulation permits works such as curtaining, painting, wallpapering and installing floor coverings, light fittings and other chattels. 505. Address for new owners A member who sells a lot must advise the body corporate of the name and address of the new owner within one month of settlement. r. 501 -- 30 of 51 -- S.R. No. 105/2000 Subdivision (Body Corporate) (Interim) Regulations 2000 27 506. Address of absent owners A member who does not occupy his or her lot or will be absent from his or her lot for more than 3 months must advise the body corporate of his or her mailing address for service of notices and any changes to them as soon as possible. 507. Advice to occupiers A member who does not occupy his or her lot must give the occupier of the lot— (a) a copy of the rules of the body corporate, at the commencement of occupation; and (b) a copy of any new rules as soon as possible after the new rules are made. 508. Compliance with rules and Regulations A member must comply with the rules of the body corporate and these Regulations. _______________ r. 506 -- 31 of 51 -- S.R. No. 105/2000 Subdivision (Body Corporate) (Interim) Regulations 2000 28 PART 6—MISCELLANEOUS PROVISIONS 601. Notice of intention to wind up a body corporate— Section 31(4) (1) The prescribed form for notice to the Registrar under section 31(4) of the Act is the form in Form 6. (2) The prescribed manner for the Registrar to record the notice under section 31(4) of the Act is "An application has been made to the County Court to wind up Body Corporate (No.)* Plan No. (insert plan number) (insert date).". 602. Application to Registrar after Court Order—Section 31(6) The prescribed form for an application to the Registrar under section 31(6) of the Act is the form in Form 7. 603. Form of application to alter lot entitlement and liability—Section 33(1) The prescribed form for an application to the Registrar under section 33(1) of the Act to alter the lot entitlement or liability is the form in Form 8. 604. Registrar to record information—Section 27(5) (1) The Registrar must record information within the meaning of section 27(5) of the Act— (a) on the relevant plan; or (b) in an appropriate part of the Register. (2) The Registrar must amend information so recorded whenever a material alteration is brought to the notice of the Registrar under the Act. _______________ r. 601 -- 32 of 51 -- S.R. No. 105/2000 Subdivision (Body Corporate) (Interim) Regulations 2000 29 PART 7—SAVINGS PROVISIONS FOR STRATA AND CLUSTER PLANS 701. Definitions In this part— "strata plan" means any plan of strata subdivision or strata redevelopment registered or approved— (a) before the commencement of the Act; or (b) on or after that commencement under the provisions applied by section 44(3B) of the Act. "cluster plan" means any plan of cluster subdivision or cluster redevelopment registered or approved— (a) before the commencement of the Act; or (b) on or after that commencement under the provisions applied by section 44(3B) of the Act. 702. Location of boundaries on strata plans (1) On a strata plan a thick continuous line on which no measurement is shown represents a vertical or near vertical boundary or part of a boundary along or within a wall or fence. (2) On a strata plan a thick broken line on which a measurement is shown represents a vertical or near vertical boundary or part of a boundary which does not lie along or within a wall or fence. (3) On a strata plan the location of any common boundary between a unit and another unit or a unit and common property is the median of any wall, r. 701 -- 33 of 51 -- S.R. No. 105/2000 Subdivision (Body Corporate) (Interim) Regulations 2000 30 fence, floor or ceiling unless the plan by legend or otherwise indicates that the boundary is in another position. 703. Form of application to remove restrictions—Section 44(5) The prescribed form for an application to the Registrar under section 44(5) of the Act to remove the restriction on a restricted lot on a plan of strata subdivision or on a restricted lot on a plan of cluster subdivision is the form in Form 9. 704. Form of application to alter or cancel a scheme of development (1) The prescribed form for an application to the Registrar by a body corporate under section 44(5A) of the Act to cancel or alter a scheme of development on a plan of cluster subdivision is the form in Form 10. (2) The prescribed form for an application to the Registrar by an owner under section 44(5B) of the Act to cancel or alter a scheme of development on a plan of cluster subdivision is the form in Form 11. 705. Bodies corporate created on or after 30 October 1989 (1) These Regulations apply to a body corporate created on or after 30 October 1989 on a strata or cluster plan. (2) The by-laws in the First and Second Schedules of the Strata Titles Act 1967 do not apply to that body corporate. _______________ r. 703 -- 34 of 51 -- S.R. No. 105/2000 Subdivision (Body Corporate) (Interim) Regulations 2000 31 PART 8—FURTHER TRANSITIONAL PROVISIONS 801. Definition In this Part— "old regulations" means the Subdivision (Body Corporate) Regulations 1989 as in force immediately before the commencement of these Regulations. 802. Saving of existing rules Any rules (including consolidated rules) made by a body corporate under regulation 407 of the old regulations and existing immediately before the commencement of these Regulations are deemed to be rules made by the body corporate under regulation 218. 803. Saving of secretary A secretary who was appointed by a body corporate under regulation 615 of the old regulations and held that office immediately before the commencement of these Regulations is deemed on that commencement to be a secretary of the body corporate appointed under regulation 301. 804. Saving of managing agents A managing agent who was appointed by a body corporate under regulation 616 of the old regulations and held that office immediately before the commencement of these Regulations is deemed on that commencement to be a manager appointed under regulation 302. r. 801 -- 35 of 51 -- S.R. No. 105/2000 Subdivision (Body Corporate) (Interim) Regulations 2000 32 805. Saving of existing delegations Any delegation made or deemed to be made by a body corporate under the old regulations and existing immediately before the commencement of these Regulations is deemed to be a delegation of the body corporate under regulation 309. _______________ r. 805 -- 36 of 51 -- S.R. No. 105/2000 Subdivision (Body Corporate) (Interim) Regulations 2000 33 PART 9—EXPIRY 901. Expiry These Regulations expire on 16 April 2001. __________________ r. 901 -- 37 of 51 -- S.R. No. 105/2000 Subdivision (Body Corporate) (Interim) Regulations 2000 34 SCHEDULE FORM 1 Reg. 218(2) Subdivision (Body Corporate) (Interim) Regulations 2000 Subdivision Act 1988 STANDARD RULES Use of common property and lots A member must not, and must ensure that the occupier of a member's lot does not— (a) use the common property or permit the common property to be used in such a manner as to unreasonably interfere with or prevent its use by other members or occupants of lots or their families or visitors; or (b) park or leave a vehicle or permit a vehicle to be parked or left on the common property so as to obstruct a driveway or entrance to a lot or in any place other than in a parking area specified for such purpose by the body corporate; or (c) use or permit a lot affected by the body corporate to be used for any purpose which may be illegal or injurious to the reputation of the development or may cause a nuisance or hazard to any other member or occupier of any lot or the families or visitors of any such member or occupier; or (d) make or permit to be made any undue noise in or about the common property or any lot affected by the body corporate; or (e) make or permit to be made noise from music or machinery which may be heard outside the owner's lot between the hours of midnight and 8.00 a.m. Form 1 -- 38 of 51 -- S.R. No. 105/2000 Subdivision (Body Corporate) (Interim) Regulations 2000 35 (f) keep any animal on the common property after being given notice by the body corporate to remove the animal after the body corporate has resolved that the animal is causing a nuisance. _______________ Form 1 -- 39 of 51 -- S.R. No. 105/2000 Subdivision (Body Corporate) (Interim) Regulations 2000 36 FORM 2 Reg. 218 Subdivision (Body Corporate) (Interim) Regulations 2000 Subdivision Act 1988 NOTIFICATION OF CHANGE OR ADOPTION OF RULES To the Registrar Body Corporate* Strata* Cluster* (No.) Plan No. Attached is a copy of 1. *Special rules adopted by the body corporate under Regulation 218 of the Subdivision (Body Corporate) (Interim) Regulations 2000. 2. *Consolidated rules made by the body corporate under Regulation 218 of the Subdivision (Body Corporate) (Interim) Regulations 2000. 3. *The resolution revoking all the special rules (the body corporate now returns to standard rules). Dated Seal of body corporate 1 *Delete if inapplicable _______________ Form 2 -- 40 of 51 -- S.R. No. 105/2000 Subdivision (Body Corporate) (Interim) Regulations 2000 37 FORM 3 Reg. 219(3) Subdivision (Body Corporate) (Interim) Regulations 2000 Subdivision Act 1988 BODY CORPORATE CERTIFICATE Body Corporate Number. Vendor Purchaser Reference This certificate is issued for Lot on Plan No ___ the postal address of which is 1. The present fees for the above Lot are $ /quarter (or other period). 2. The fees are paid up until / / . 3. Unpaid fees now total $ 4. The following special fees or levies have been struck and are payable on the dates indicated below. (insert details) 5. The body corporate has performed or is about to perform the following repairs, work or act which may incur an additional charge to that set out above. 6. The body corporate presently has the following insurance cover Name of Company No of Policy Kind of Policy Building Amount Form 3 -- 41 of 51 -- S.R. No. 105/2000 Subdivision (Body Corporate) (Interim) Regulations 2000 38 Public Liability Amount Buildings Covered Renewal Date or The body corporate has resolved that the members must arrange their own insurance. (Insert date of resolution) 7. The body corporate has/has not submitted any special rules to the Registrar of Titles. 8. The body corporate has/has not any contingent liabilities not otherwise shown or budgeted for in Items 1, 4 and 5. (Attach details) 9. The body corporate has not granted any lease licence or special privilege affecting the common property except the following— 10. The body corporate has not made any agreement to provide services to members and occupiers for a fee except the following— 11. The body corporate is not a party to any proceedings or aware of any circumstances which may give rise to proceedings except the following— 12. No proposal has been made for the appointment of an administrator except as follows— Dated *Seal of body corporate 2 *Signature of delegate *Delete if inapplicable _______________ Form 3 -- 42 of 51 -- S.R. No. 105/2000 Subdivision (Body Corporate) (Interim) Regulations 2000 39 FORM 4 Reg. 302(5) Subdivision (Body Corporate) (Interim) Regulations 2000 Subdivision Act 1988 APPOINTMENT OF MANAGER Body Corporate* Strata* Cluster* (No.) Plan No The above body corporate hereby appoints to act as manager. The fee to be charged by the manager is (insert details or refer to any recognised fee structure). Dated Seal of body corporate 3 *Delete if inapplicable _______________ Form 4 -- 43 of 51 -- S.R. No. 105/2000 Subdivision (Body Corporate) (Interim) Regulations 2000 40 FORM 5 Reg. 314 Subdivision (Body Corporate) (Interim) Regulations 2000 Subdivision Act 1988 To the Registrar CHANGE OF ADDRESS *Body Corporate* Strata Cluster* (No. ) Plan No. Notification under Regulation 314 of the Subdivision (Body Corporate) (Interim) Regulations 2000. Please note that the body corporate has changed its address for service of notices to: Dated *Seal of body corporate 4 *Signature of delegate *Delete if inapplicable _______________ Form 5 -- 44 of 51 -- S.R. No. 105/2000 Subdivision (Body Corporate) (Interim) Regulations 2000 41 FORM 6 Reg. 601(1) Subdivision (Body Corporate) (Interim) Regulations 2000 Subdivision Act 1988 NOTICE OF APPLICATION TO WIND UP BODY CORPORATE To the Registrar *Body Corporate *Strata *Cluster *(No. ) Plan No. This is a notice pursuant to section 31(4) of the Subdivision Act 1988 that in respect of registered plan No. an application has been made to the Court for an order that the body corporate (No. )* be wound up and the plan cancelled or amended. Applicant: (name, address) Dated Signature or seal of applicant *Delete if inapplicable _______________ Form 6 -- 45 of 51 -- S.R. No. 105/2000 Subdivision (Body Corporate) (Interim) Regulations 2000 42 FORM 7 Reg. 602 Subdivision (Body Corporate) (Interim) Regulations 2000 Subdivision Act 1988 APPLICATION TO CANCEL OR AMEND PLAN To the Registrar *Body Corporate *Strata *Cluster (No. ) Plan No. This is an application pursuant to section 31(6) of the Subdivision Act 1988 for *(cancellation) *(amendment) of registered plan No. A copy of every order made by the Court under section 31 of the Subdivision Act 1988 in relation to the body corporate or registered plan together with the duplicate certificates of title, duplicate instruments, consents and other documents included in the schedule are produced. Applicant: (name, address) Schedule Dated Signature or seal of applicant *Delete if inapplicable _______________ Form 7 -- 46 of 51 -- S.R. No. 105/2000 Subdivision (Body Corporate) (Interim) Regulations 2000 43 FORM 8 Reg. 603 Subdivision (Body Corporate) (Interim) Regulations 2000 Subdivision Act 1988 APPLICATION FOR ALTERATION OF LOT ENTITLEMENT AND LIABILITY Section 33(1) and 38(3) Subdivision Act 1988 To the Registrar This is an application by *Body Corporate *Strata *Cluster (No. ) Plan No. pursuant to section 33(1) of the Subdivision Act 1988 to have the schedule of *(unit) *(lot) *entitlement *liability, endorsed on registered plan No. amended or altered to read as set out in the attached replacement schedule: This amendment is by— *(unanimous resolution duly passed / / ) *(order of the Court under section 38(3) of the Subdivision Act 1988) *(Attach relevant schedule as amended in full) Dated Seal of body corporate 5 *Delete if inapplicable Note: A copy of the schedule of entitlement and liability must be attached. This schedule will be substituted for the present registered schedule. If amendment is by Court order a certified copy of the order should accompany this application. _______________ Form 8 -- 47 of 51 -- S.R. No. 105/2000 Subdivision (Body Corporate) (Interim) Regulations 2000 44 FORM 9 Reg. 703 Subdivision (Body Corporate) (Interim) Regulations 2000 Subdivision Act 1988 APPLICATION FOR REMOVAL OF RESTRICTION To the Registrar *Body Corporate *Strata *Cluster (No. ) Plan No. This is an application by the owner of the following restricted lot for the deletion of that lot from the notice of restriction. 1. Applicant: (Insert name and address) 2. Restricted lot: (insert lot and plan number and Volume and Folio reference) The consent of the municipal council is supplied with this application. Dated Signature or seal of applicant *Delete if inapplicable _______________ Form 9 -- 48 of 51 -- S.R. No. 105/2000 Subdivision (Body Corporate) (Interim) Regulations 2000 45 FORM 10 Reg. 704(1) Subdivision (Body Corporate) (Interim) Regulations 2000 Subdivision Act 1988 APPLICATION BY BODY CORPORATE FOR ALTERATION OR CANCELLATION OF SCHEME OF DEVELOPMENT To the Registrar This is an application by Body Corporate Cluster Plan No. *for the cancellation of the scheme of development accompanying the registered plan. *for the alteration of the scheme of development accompanying the registered cluster plan in the following particulars— [State the nature of the proposed alteration] 1. A resolution in the following terms directing that this application be made was passed at a meeting of the body corporate held on [insert date of meeting] in the manner required for special resolution by the Subdivision (Body Corporate) (Interim) Regulations 2000— [Set out terms of resolution]. 2. *Endorsed hereon *Produced is the consent of the municipal council. Dated *Seal of body corporate 6 *Delete if inapplicable _______________ Form 10 -- 49 of 51 -- S.R. No. 105/2000 Subdivision (Body Corporate) (Interim) Regulations 2000 46 FORM 11 Subdivision (Body Corporate) (Interim)Regulations 2000 Subdivision Act 1988 APPLICATION BY REGISTERED PROPRIETOR FOR ALTERATION OR CANCELLATION OF SCHEME OF DEVELOPMENT To the Registrar *I [name and address] being the registered proprietor of Lot on Registered Cluster Plan No. apply for the cancellation of the scheme of development accompanying the registered cluster plan so far as it affects that lot. *I [name and address] being the registered proprietor of Lot on Registered Cluster Plan No. apply for the alteration of the scheme of development accompanying the registered cluster plan so far as it affects that lot in the following particulars— [State the nature of the proposed alteration] 1. A resolution in the following terms directing that the consent of the body corporate to the making of this application be duly signified was passed at a meeting of the body corporate held on [insert date of meeting] in the manner required for special resolution by the Subdivision (Body Corporate) (Interim) Regulations 2000— [Set out terms of resolution]. 2. *Endorsed *Produced is the consent of the municipal council. Dated Signature of applicant *Delete if inapplicable ═══════════════ Form 11 -- 50 of 51 -- S.R. No. 105/2000 Subdivision (Body Corporate) (Interim) Regulations 2000 47 ENDNOTES 1 Form 2: In accordance with regulation 310 of the Subdivision (Body Corporate) (Interim) Regulations 2000, the seal of the body corporate must be affixed in the presence of 2 members of the body corporate. 2 Form 3: See note 1. 3 Form 4: See note 1. 4 Form 5: See note 1. 5 Form 8: See note 1. 6 Form 10: See note 1. Endnotes -- 51 of 51 --