Latest information

The latest Body Corporate Matters

Office of the Commissioner

Thursday, December 22nd 2011

The Office of the Commissioner for Body Corporate and Community Management  has two important functions, an information service and a dispute resolution service.

Information Service Phone 1800 060 119.

The Information Service can give you general information and direct you to relevant provisions of the Act. Its role under the Act does not extend to interpreting legislation or providing legal advice. Information about your rights and obligations can be obtained by phone during business hours 1800 060 119 (Don’t be surprised if you are answered by a machine. It is a very busy service. They will phone you back) or in writing (GPO Box 1049, Brisbane Q 4001) or by email This email address is being protected from spambots. You need JavaScript enabled to view it.

Dispute Resolution Service.

Disputes in complexes can range from disputes relating to the administration of a body corporate (eg meeting procedure or property maintenance issues) to disputes about breaches of by-laws such as parking infringements on common property.

The Commissioner’s Office provides a low cost service for resolving disputes which are within the guidelines set down in the Act.

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Treasurer and Financial Management

Thursday, December 22nd 2011

The role of treasurer is intimately connected with financial management of the complex.

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Matters after the end-of-financial-year

Thursday, December 22nd 2011

The secretary needs to

  • Acknowledge the nominations for committee position
  • Consult with the treasurer for audit arrangements (if an audit was agreed to at the previous AGM)
  • Call a committee meeting to discuss and approve a proposed budget for the administrative fund and for the sinking fund to submit at the AGM. That meeting should also finalise the agenda for the AGM.

Duties of the secretary

Thursday, December 22nd 2011

Where there is a body corporate manager for the complex, many of the secretary’s duties will be undertaken by the body corporate manager acting with the authorised powers (really on behalf of) the elected secretary.

The contract that your complex has with the body corporate manager will detail just which services that will be performed on behalf of the elected secretary.

It is important to note that the elected secretary has the responsibility to oversee that the body corporate manager has performed the duties. The body corporate manager should not be in charge – they are meant to work for, and with, the elected executive. The body corporate manager, in turn, under the Code of Conduct provisions, may have their contract terminated if they do not carry out the roles professionally and if they do not demonstrate a reasonable knowledge of the Act and Regulations.

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Conflicts of Interest to be Disclosed

Thursday, December 22nd 2011

A committee member must disclose to the meeting any direct or indirect interest held in an issue being considered, or to be considered, by the committee, if their interest could conflict with the member acting in the committee’s best interests.

If the member is a voting member of the committee, the member is not entitled to vote at committee meetings on the issue.

Must Take Responsibility Seriously

A committee member’s position becomes vacant if they do not attend two consecutive committee meetings (without a leave-of-absence) or if they do not give a proxy for two consecutive meetings. Proxies can only be given to other voting members of the committee. Non-voting members (body corporate managers and building managers) are not able to hold valid proxies.

Formal Committee Meetings are much preferred

While a committee can make a decision outside of a formal committee meeting (under Section 35 Standard module – and Section 33 Accommodation module) that decision must be confirmed at the next committee meeting. We believe the use of “flying minutes” committee decisions as being poor governance except in an emergency when a decision must be made quickly. Full and frank discussions by all the democratically elected committee members at a meeting and then a formal vote on each item is by far the best method of managing a complex.

The use of telephone conferencing (or the even newer technology of video conferencing by email) may be a better alternative than a meeting by facsimile exchange – the most common form of ‘flying minute’ production - since at least during the telephone or video conversation, committee members have the opportunity to explore the issue with discussion.

A quorum is required for committee meetings. At least half of the voting committee members must be present or represented by proxy.

Minutes of Meeting Are Important

All lot owners are to receive “full and accurate” minutes of every committee meeting.

 

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Eligibility for Committee

Thursday, December 22nd 2011

You must be a lot owner or a member of the lot owner’s family to be a committee member

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Composition of the Committee

Thursday, December 22nd 2011

A committee for a body corporate larger than 7 lots should contain 7 voting members including 3 executive members (chairperson, secretary and treasurer) and ordinary members.

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Committee Responsibilities

Wednesday, December 21st 2011

The committee may

  • Organise the maintenance of the common property
  • Convene the annual general meeting
  • Ensure that notices, such as meeting notices and levy notices, are sent to owners
  • Respond to inquiries from owners and other persons (including prospective purchasers).

 

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What is a Body Corporate?

Wednesday, December 21st 2011

In Queensland, a body corporate is a legal entity created when land is subdivided and registered under the Land Titles Act 1994 (Qld) to establish a community titles scheme.

Owners do not have a choice. Every owner is automatically a member of the body corporate

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Know the Body Corporate laws in Qld

Wednesday, December 21st 2011

Reflections of Port Douglas

BE CONFIDENT & KNOWLEDGEABLE AT MEETINGS

ONE, EASY-TO-READ, A4 BOOK WITH MANY OF THE QLD LAWS AND REGULATIONS THAT A BODY CORPORATE COMMITTEE AND MANAGEMENT SHOULD KNOW AND USE 

*** The Amendments to the Body Corporate Legislation are anticipated early 2020.   Watch this space for when updated version of the Laypersons Guide will be available.

 

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