Unit Owners Association of Queensland Inc

As per the Body Corporate and Community Management Act 1997and Standard Module Regulation. The other Regulation Modules may impose different requirements.

(Current as at 10 February, 2009 including amendments approved on 30 August 2008).

REGULATION 16 - NOMINATIONS TO COMMITTEE

The Secretary must serve notice on each Owner of a lot shown on the Body Corporate Roll.

Nominations must be given to the Secretary by the end of the Body Corporate financial year.

The Secretary must acknowledge that the nomination has been received by forwarding a written notice to the candidate.

REGULATIONS 21 AND 22 - BALLOT

If a ballot is necessary i.e. more than one person has nominated for a committee position, be it executive or ordinary position then:-

After nominations close:

• The Secretary must prepare the ballot-papers, be it a secret or open ballot. See Regulation 21 (6) which details the requirements.
• The Secretary must forward ballot-papers, an envelope marked "ballot-paper" (and if it is a secret ballot either a separate particulars envelope or a particulars tab that forms part of the ballot paper envelope) with the notices for the Annual General Meeting.
• The ballot-paper envelope, with ballot-paper enclosed, must be given to the Secretary or forwarded to the Secretary to be received before or at the Annual General Meeting.

Before the meeting -

• It is the Secretary who holds the completed ballot papers received before the Annual General Meeting.
• Refer to Regulations 21 (9) and 22 (9) "to be held in the custody of the Secretary."

At the meeting -

• It is the Secretary who must pass any ballot papers and particular envelopes for the ballot to the person chairing the meeting for counting. Refer to Regulation 24 (6).

REGULATION 44 (1) - COMMITTEE MEETINGS

May be called by the Secretary (if absent, the Chairperson etc)

If enough members of the committee to form a quorum at a Meeting of the Committee ask in writing for a meeting, the Secretary must call a meeting.

REGULATION 55 - MINUTES OF COMMITTEE MEETINGS

The Committee must ensure full and accurate minutes of its meeting are taken.

"full and accurate minutes" means minutes including each of the following-

• The date, time and place of the meeting
• The names of persons present and details of the capacity in which they attended the meeting
• Details of proxy tabled
• The words of each question decided
• The number of votes for and against each question decided
• Details of correspondence, reports, notices or other documents tabled
• The time the meeting closed
• Details of the next schedule meeting
• The secretary's name and contact address

Interestingly although the minutes are usually the job of the Secretary, the Regulation does not spell that out - it states "the committee must..." and UOAQ guesses this is to cover the instance when the Secretary is absent.

REGULATION 56 NOTICE OF OPPOSITION

A notice opposing the carrying out of a committee resolution may be given to the Secretary.

REGULATION 63- GENERAL MEETINGS

REGULATION 65- Who may call a General Meeting

The Secretary may call a General Meeting

REGULATION 69 (1) - Motions

Members of the Body Corporate must also be invited to submit motions for inclusion in the agenda for the Annual General Meeting - implies Secretary must do this.

REGULATION 70(1) Notice of General Meeting

Written notice - who gives the notice? Although the Committee prepares the agenda, the Secretary is the obvious person to prepare, collate and give or send the notice.

REGULATION 83 - RELATES TO RECORD KEEPING WITH RESPECT TO "VOTERS"

It is to the Secretary that:-

• an Owner's representative must give a copy of the instrument under which he details the capacity to be the representative.
• the representative must give his/her address for service.
• written notice of the nominee/s of a corporation and their address for service must be given.
• notification in writing must be given by a mortgagee in possession, notifying that the mortgagee claims the right to vote for a lot and displaces the right of the person entitled to the fee simple interest in the lot.

REGULATION 92 - RECORDS THE SECRETARY MUST HAVE AVAILABLE FOR INSPECTION BY VOTERS FOR A GENERAL MEETING

1. The Body Corporate roll
2. List of persons who have a right to vote at the meeting
3. All proxy forms
4. All voting papers

REGULATION 93(4) - VOTING RECORDS MUST BE KEPT

Is it implied that the Secretary must keep these records?

(i.) Total votes counted for the motion

(ii.) Total votes counted against the motion

(iii) Total abstentions from voting

(iv) For each Lot whether there was a vote for, a vote against or an abstention

(v) Must list the votes rejected from the count and the reason for the rejections. The votes rejected must be identified by Lot number.

REGULATION 96- MINUTES OF GENERAL MEETINGS

"The Body Corporate must ensure that full and accurate minutes are taken of each General Meeting".

A copy of the minutes of a General Meeting must be given to each Lot Owner within 21days of the meeting.

Full and accurate minutes regulation 96 (3)

So who will do this? The Secretary I expect.

REGULATION 67- REQUESTED EXTRAORDINARY GENERAL MEETING

Notice of a requested Extraordinary General Meeting is given to the Secretary.

REGULATION 79 - DOCUMENTS AND MATERIALS TO BE HANDED OVER TO BODY CORPORATE AT FIRST ANNUAL GENERAL MEETING

Who to - to the Secretary - See Regulation 79(2).

PROXY FORMS

Regulation 100 (4) - For COMMITTEE - Proxy form is given to Secretary

Regulation 107(5) - For GENERAL MEETING - Proxy form is given to Secretary

It can be given by post, facsimile or personally.

ROLL

Regulation 193- NOTICES FOR ROLL

Regulation 196- ROLL AND REGISTERS

Who deals with notices for the roll, who maintains the roll and registers, the Secretary the UOAQ expects.

REGULATION 202- DOCUMENTS AND INFORMATION

"Associated Committee Meeting Material" - "Associated General Meeting Material"

Who keeps and files this material, and brings it out when required, who knows where it is - the Secretary.

REGULATION 203- KEEPING AND DISPOSAL OF RECORDS

Again this would be a Secretarial chore.

TERMS AND DEFINITIONS

Anniversary:

= Date of the first Annual General Meeting.

End of Financial Year for A Body Corporate:

For an existing Plan (a Building Units Plan or

Group Titles Plan registered under the1980 Act):

= The last day of the month in which the anniversary falls.

For a Plan registered after the commencement of the 1997 Act:

= The last day of the month before the month in which the anniversary falls.

Annual General Meeting Window:

= within three months of the end of the Body Corporate financial year.

Closing date for submission of Committee

Nominations and Motions for the A G M:

= End of Body Corporate financial year.

Window for sending out Nomination Forms

and Motion Requisition forms:

= Between six weeks and three weeks before the end of the Body Corporate financial year.

EXAMPLE FOR AN EXISTING PLAN

First Annual General Meeting was held on 10 January

End of Body Corporate Financial Year is 31 January

Annual General Meeting window is 1 February - 30 April

Closing Dated for Nominations and Motions 31 January

Window for sending out Nominations and Motion forms 20 December - 10 January

A check to determine if you have arrived at the correct dated for your new end of financial year:- it should be three months later than under the old Act.

for example, if the old date is 31 October, then the new end of financial year should be 31 January.

MATTERS THE SECRETARY NEEDS TO ATTEND TO AFTER THE END OF THE BODY CORPORATE FINANCIAL YEAR

1. Acknowledge Nominations for Committee

2. Consult with Treasurer for Audit arrangements

3. Call a Committee Meeting to prepare:

• a proposed budget for the Body Corporate financial year to submit to the Annual General Meeting.
• prepare an agenda for the Annual General Meeting

NOTE: The Secretary must acknowledge receipt of nominations. Since nominations can be accepted until the end of the Body Corporate financial year, Secretaries should make a notation in their diaries to send out acknowledgements after the end of the Body Corporate year.

Unit Owners Association of Queensland

PLEASE NOTE - These notes on the Standard Regulation Module are issued in the belief they are accurate and not misleading. The Association and its committee are not engaged in giving legal, accounting or other professional advice. We disclaim all liability for any loss or damages suffered by any person acting upon or relying on these notes. If legal advice or other expert assistance is required, advice should be sought from a competent, professional person.

help@uoaq.org.au