Building Units and Group Titles Regulation 2008

1Short title

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

2Commencement

This regulation commences 1 September 2008.

3Definitions

In this regulation—

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

approved form means a form approved by the chief executive under section 4(1).

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 means the registrar of titles under the Land Title Act 1994.

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

4Forms

(1)The chief executive may approve forms to be used under the Act.

(2)For a provision of the Act mentioning a prescribed form, the prescribed form is the approved form.

5Requirements for registration of relevant documents

(1)A relevant document must be—

(a)in the approved form; and

(b)in conformity with directions of the registrar about the required format for a relevant document.

(2)In this section—

relevant document means—

(a)a plan; or

(b)a plan of amalgamation; or

(c)a notice of conversion.

6Notification of registration of plans by registrar

(1)The registrar must make appropriate notification of the registration of a plan of amalgamation, plan of resubdivision or notice of conversion—

(a)on the certificates of title for each lot the subject of the original plan for the plan of amalgamation, plan of resubdivision or notice of conversion (the original plan); and

(b)on the original plan.

(2)Without limiting subsection (1), the registrar must—

(a)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

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

7Nominations and elections at first annual general meeting and other particular meetings

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

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

(b)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—

(i)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

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

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

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

(2)Schedule 1 applies to the nomination and election.

8Nominations at second or subsequent annual general meetings

(1)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).

(2)Schedule 2 applies to the nomination and election.

9Cost of improvements—Act, s 37(2)(g)(i)

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.

10Retaining records—Act, s 38D(1)(b)

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

(a)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

(b)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.

11Ground for application for exemption—Act, s 41(2)

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.

12Restriction on expenditure by committee—Act, s 47(1)

For section 47(1) of the Act, the prescribed amount is $200.

13Amount of insurance cover—Act, s 56(2)

For section 56(2) of the Act, the prescribed amount of cover is $10m.

s 13 amd 2015 SL No. 146 s 4

14Classes of order—Act, s 117(a)(ii)

For section 117(a)(ii) of the Act, an order is of a prescribed class if the order is made by a referee about—

(a)a body corporate; or

(b)a committee; or

(c)a proprietor or occupier of a lot about which an inquiry under section 117 of the Act is made; or

(d)a proprietor or occupier of a lot other than a proprietor or occupier mentioned in paragraph (c) if the order is made no more than 12 months before the relevant inquiry under section 117 of the Act is made.

15Fees

(1)The fees payable under the Act to the registrar are stated in schedule 3, part 1.

(2)The fees payable under the Act to the referee are stated in schedule 3, part 2.

(3)The fees payable under the Act to a body corporate are stated in schedule 3, part 3.

16Remission of referee’s fees

(1)The referee may excuse a person from paying a fee, or part of a fee, payable to the referee.

(2)However, the referee may act under subsection (1) only if the referee is satisfied the person is suffering extreme financial hardship.

17Repeal

The Building Units and Group Titles Regulation 1998, SL No. 189 is repealed.

18Transitional provision for forms approved under repealed regulation

(1)This section applies to any forms that have been approved under section 3 of the repealed regulation.

(2)The forms are taken to be forms approved under section 4 of this regulation.

(3)In this section—

repealed regulation means the Building Units and Group Titles Regulation 1998.

s 18 amd 2009 SL No. 157 s 4

section 7(2)

1Preliminary decisions

The meeting must decide—

(a)if there are more than 3 proprietors, the number of other members required to make up a committee as required by section 42(4) of the Act; and

Note—

If there are not more than 3 proprietors, section 42(3) of the Act applies to the constitution of the committee.

(b)if the election of the committee will be by open ballot.

Note—

Section 42(15) of the Act provides for the election of the members of a committee and the chairperson, secretary and treasurer of a body corporate to be by secret ballot unless the body corporate otherwise resolves.

2Chairperson to call for nominations

The chairperson must call upon those present and entitled to nominate candidates for election as chairperson, secretary, treasurer and other committee members of the body corporate to nominate candidates.

3Consent for effective nominations

A nomination under section 2 has no effect unless—

(a)the nominee’s written consent is given to the chairperson before, or at, the meeting; or

(b)the nominee’s verbal consent is given to the chairperson at the meeting.

4Sole nominees for election as chairperson, secretary or treasurer

(1)If there is only 1 nominee for election as chairperson, the nominee is taken to be elected as chairperson.

(2)If there is only 1 nominee for election as secretary, the nominee is taken to be elected as secretary.

(3)If there is only 1 nominee for election as treasurer, the nominee is taken to be elected as treasurer.

5Multiple nominees for election as chairperson, secretary or treasurer

(1)If there are 2 or more nominees for election as chairperson, the election of the chairperson must be by ballot.

(2)If there are 2 or more nominees for election as secretary, the election of the secretary must be by ballot.

(3)If there are 2 or more nominees for election as treasurer, the election of the treasurer must be by ballot.

6Required number of nominees for election as other committee members

If the number of nominees for election as other committee members is the same as the number of other committee members required to make up the committee, the nominees are taken to be elected as other committee members.

7More than required number of nominees for election as other committee members

If the number of nominees for election as other committee members is more than the number of other committee members required to make up the committee, the election of other committee members must be by ballot.

8Elections must be separate

A body corporate must have a separate election for each of the following—

(a)the chairperson of the body corporate;

(b)the secretary of the body corporate;

(c)the treasurer of the body corporate;

(d)the other committee members.

9Pre-ballot

Before each ballot the chairperson must—

(a)announce—

(i)the names of the nominees; and

(ii)whether or not a nominee is a proprietor or a company nominee; and

(iii)if a nominee is not a proprietor or company nominee, by whom the nominee was nominated; and

(b)give each individual present and entitled to vote, for each lot entitling an individual to vote, a blank paper to be used as a ballot paper; and

(c)for a secret ballot—give each individual present and entitled to vote—

(i)a ballot paper envelope; and

(ii)a particulars envelope.

10Opening envelopes

For a secret ballot, a ballot paper envelope must be opened by the chairperson, or an individual appointed by the chairperson, after—

(a)all votes cast have been given to the chairperson; and

(b)the chairperson, or an individual appointed by the chairperson, is satisfied that—

(i)the particulars envelope is properly completed; and

(ii)the individual who completed the particulars envelope is entitled to vote; and

(c)the ballot paper envelope has been drawn randomly from a receptacle in open view of the meeting.

11Counting ballot

The chairperson, or an individual appointed by the chairperson, must count the votes recorded on properly completed ballot papers.

12Properly completed ballot papers

(1)A ballot paper for an open ballot is properly completed if—

(a)it states—

(i)the name of the individual voting; and

(ii)the number of the lot entitling the individual to vote; and

(iii)the name of the proprietor of the lot; and

(iv)the capacity in which the individual is voting; and

(v)the name of 1 nominee for each of the members of the committee required to be elected and to which the ballot relates; and

(b)the signature of the individual appears on the paper; and

(c)the individual gives the paper to the chairperson.

(2)A ballot paper for a secret ballot is properly completed if—

(a)it states the name of 1 nominee for each of the members of the committee required to be elected and to which the ballot relates; and

(b)it is put into a ballot paper envelope and the envelope is sealed; and

(c)the ballot paper envelope mentioned in paragraph (b) is—

(i)if separate from a particulars envelope—put into a properly completed particulars envelope; or

(ii)if attached to a particulars envelope—still attached to a properly completed particulars envelope; and

(d)the properly completed particulars envelope is sealed and given to the chairperson.

s 12 amd 2009 SL No. 157 s 5

13Properly completed particulars envelope

A particulars envelope is properly completed if—

(a)it states—

(i)the name of the individual voting; and

(ii)the number of the lot entitling the individual to vote; and

(iii)the name of the proprietor of the lot; and

(iv)the capacity in which the individual is voting; and

(b)it contains, or is attached to, a sealed ballot paper envelope containing a properly completed ballot paper; and

(c)the signature of the individual and the date of signing appears on the particulars envelope.

14Result of ballot

(1)For an election—

(a)of chairperson—the individual who receives the highest number of votes is elected as chairperson; or

(b)of secretary—the individual who receives the highest number of votes is elected as secretary; or

(c)of treasurer—the individual who receives the highest number of votes is elected as treasurer; or

(d)as other committee members—the individuals who receive the highest number of votes, in descending order, up to the number of persons required to be elected, are elected as the other committee members.

(2)However, if 2 or more individuals receive the same number of votes and the number of individuals who would, under subsection (1)(a), (b), (c) or (d) be elected, is higher than the number required to be elected, the result of the election must be decided by chance in the way the meeting decides.

section 8(2)

1Secretary to give notices calling for nominations

(1)The secretary must give a written notice to each proprietor inviting the proprietor to nominate individuals for election as chairperson, secretary, treasurer and other committee members of the body corporate.

(2)The notice must be given 35 days before the anniversary of the first annual general meeting.

2Properly completed nominations

The nomination of an individual eligible for election as chairperson, secretary, treasurer or other committee member is properly completed if—

(a)it is in writing; and

(b)it states—

(i)the name of the proprietor making the nomination, or on whose behalf the nomination is being made; and

(ii)the name of the nominee; and

(iii)whether the nominee is—

(A)a proprietor; or

(B)a company nominee; or

(C)neither a proprietor nor a company nominee; and

(c)it is signed by—

(i)the proprietor making the nomination or the individual making the nomination on the proprietor’s behalf; and

(ii)the nominee.

3Absence of nominees

Schedule 1 applies instead of this schedule—

(a)if there is no nominee for chairperson—to the nomination and election of the chairperson; and

(b)if there is no nominee for secretary—to the nomination and election of the secretary; and

(c)if there is no nominee for treasurer—to the nomination and election of the treasurer; and

(d)if there are no nominees for other committee members—to the nomination and election of the other committee members.

4Sole nominees for election as chairperson, secretary or treasurer

(1)If there is only 1 nominee for election as chairperson, the nominee is taken to be elected as chairperson.

(2)If there is only 1 nominee for election as secretary, the nominee is taken to be elected as secretary.

(3)If there is only 1 nominee for election as treasurer, the nominee is taken to be elected as treasurer.

5Multiple nominees for election as chairperson, secretary or treasurer

(1)If there are 2 or more nominees for election as chairperson, the election of the chairperson must be by ballot.

(2)If there are 2 or more nominees for election as secretary, the election of the secretary must be by ballot.

(3)If there are 2 or more nominees for election as treasurer, the election of the treasurer must be by ballot.

6Required number of nominees for election as other committee members

If the number of nominees for election as other committee members is the same as the number of other committee members required to make up the committee, the nominees are taken to be elected as other committee members.

7Less than required number of nominees for election as other committee members

If the number of nominees for election as other committee members is less than the number of other committee members required to make up the committee—

(a)the nominees are taken to be elected as other committee members of the committee; and

(b)schedule 1 applies instead of this schedule to the nomination and election of the number of committee members, other than those mentioned in paragraph (a), required to make up the committee.

8More than required number of nominees for election as other committee members

If neither section 6 nor 7 applies, the election of the other committee members must be by ballot.

9Elections must be separate

A body corporate must have a separate election for each of the following—

(a)the chairperson of the body corporate;

(b)the secretary of the body corporate;

(c)the treasurer of the body corporate;

(d)the other committee members.

10Pre-ballot

(1)Before each ballot the secretary must give to each proprietor—

(a)for an open ballot—

(i)a ballot paper; and

(ii)a ballot paper envelope addressed to the secretary; or

(b)for a secret ballot—

(i)a ballot paper; and

(ii)a ballot paper envelope; and

(iii)a particulars envelope addressed to the secretary.

(2)If a ballot paper is not available for use for any reason, a secretary must give a replacement ballot paper to the proprietor or the individual voting on the proprietor’s behalf.

(3)A secretary who gives a replacement ballot paper under subsection (2) must—

(a)make a written record of—

(i)the reason the ballot paper is not available for use; and

(ii)the individual to whom the replacement paper is given; and

(iii)when the replacement paper is given; and

(b)show the record to the chairperson before the votes are counted.

11Ballot papers

A ballot paper must state—

(a)the number of individuals required to be elected; and

(b)the names of the nominees nominated by properly completed nominations; and

(c)whether a nominee is—

(i)a proprietor; or

(ii)a company nominee; or

(iii)neither a proprietor nor a company nominee; and

(d)by whom each nominee was nominated.

12Opening envelopes

A ballot paper envelope must be opened—

(a)for an open ballot—by the secretary, after all votes cast have been given to the secretary; and

(b)for a secret ballot—by the chairperson, or an individual appointed by the chairperson, after—

(i)all votes cast have been given to the secretary; and

(ii)the chairperson, or an individual appointed by the chairperson, is satisfied that—

(A)the particulars envelope for the ballot paper envelope is properly completed; and

(B)the individual who completed the particulars envelope is entitled to vote; and

(iii)the ballot paper envelope has been drawn randomly from a receptacle in open view of the meeting.

13Counting ballot

The chairperson, or an individual appointed by the chairperson, must count the votes recorded on properly completed ballot papers.

14Properly completed ballot papers

(1)A ballot paper for an open ballot is properly completed if—

(a)it states—

(i)the name of the individual voting; and

(ii)the number of the lot entitling the individual to vote; and

(iii)the name of the proprietor of the lot; and

(iv)the capacity in which the individual is voting; and

(v)the name of 1 nominee for each member of the committee required to be elected and to which the ballot relates; and

(b)the signature of the individual appears on the paper; and

(c)if the paper is given to the secretary before the annual general meeting—it is put into a ballot paper envelope and the envelope is sealed; and

(d)the individual gives the paper to the secretary before or at the annual general meeting.

(2)A ballot paper for a secret ballot is properly completed if—

(a)it states the name of 1 nominee for each member of the committee required to be elected and to which the ballot relates; and

(b)it is put into a ballot paper envelope and the envelope is sealed; and

(c)the ballot paper envelope mentioned in paragraph (b) is—

(i)if separate from a particulars envelope—put into a properly completed particulars envelope; or

(ii)if attached to a particulars envelope—still attached to a properly completed particulars envelope; and

(d)the properly completed particulars envelope is sealed and given to the secretary before or at the annual general meeting.

15Properly completed particulars envelope

A particulars envelope is properly completed if—

(a)it states—

(i)the name of the individual voting; and

(ii)the number of the lot entitling the individual to vote; and

(iii)the name of the proprietor of the lot; and

(iv)the capacity in which the individual is voting; and

(b)it contains, or is attached to, a sealed ballot paper envelope containing a properly completed ballot paper; and

(c)the signature of the individual and the date of signing appears on the particulars envelope.

16Result of ballot

(1)For an election—

(a)as chairperson—the individual who receives the highest number of votes is elected as chairperson; and

(b)as secretary—the individual who receives the highest number of votes is elected as secretary; and

(c)as treasurer—the individual who receives the highest number of votes is elected as treasurer; and

(d)as other committee members—the individuals who receive the highest number of votes, in descending order, up to the number of persons required to be elected, are elected as the other committee members.

(2)However, if 2 or more individuals receive the same number of votes and the number of individuals who would, under subsection (1)(a), (b), (c) or (d) be elected, is higher than the number required to be elected, the result of the election must be decided by chance in the way the meeting decides.

section 15

sch 3 amd 2009 SL No. 137 s 6; 2009 SL No. 157 s 6; 2010 SL No. 128 s 8; 2010 SL No. 162 s 6; 2011 SL No. 115 s 3 sch; 2011 SL No. 135 s 6; 2012 SL No. 102 s 3 sch; 2012 SL No. 105 s 6; 2012 SL No. 188 s 4; 2013 SL No. 84 s 6; 2013 SL No. 122 s 3 sch; 2014 SL No. 78 s 6; 2014 SL No. 128 s 3 sch; 2015 SL No. 39 s 6; 2015 SL No. 53 s 24; 2015 SL No. 146 s 5; 2016 SL No. 59 s 6; 2016 SL No. 85 s 24; 2017 SL No. 71 s 6; 2017 SL No. 109 s 25; 2018 SL No. 63 s 6; 2018 SL No. 72 s 24; 2019 SL No. 80 s 6; 2019 SL No. 105 s 24