A: No, Section 84 (2) of the Body Corporate and Community Management (Standard Module) Regulation 1997 states that a person does not have the right to exercise a vote for a lot at a General Meeting if the levies for that particular lot are in arrears. There is however one exception to this and that is if the motion being voted on is a Resolution Without Dissent.

A: The Body Corporate and Community Management (Standard Module) Regulation 1997 states that the contributions levied on the owner of each lot must be proportionate to the contribution schedule lot entitlement of that lot.

A: You have the opportunity to elect new committee members at each Annual General Meeting of your Body Corporate. The secretary must serve notice on each owner, inviting nominations for the election of chairperson, secretary, treasurer or ordinary member of the committee. Remember, unless the Body Corporate resolves otherwise, this election must be by secret ballot.

A: Yes. An Owner is entitled to propose a motion at any time of the year to be voted on at the next General Meeting. When nominations are called for (at least 3 weeks but no more than 6 weeks prior to the financial year end of the Body Corporate), owners may submit a motion they wish to be included on the Agenda for the Annual General Meeting. Motions need to be in a format that Owners can vote either yes or no to, and not just for General Discussion, for example: ‘That the Body Corporate purchase a mower at the cost of $200.00 - and not Discuss the possibility of the Body Corporate purchasing a mower’. Should an Owner wish to submit a motion at another time of the year, the Secretary must include that motion on the Agenda of any Extraordinary General Meeting that may be called throughout the year. If the next General Meeting is the Annual General Meeting, then that motion must be included.

A: It is very important for all Owners to at least peruse the information sent to you by your Body Corporate Manager. The information sent is relevant to your Unit and may affect your levy contributions. The Annual General Meeting Notice is very important for Owners to read and understand all that is going to take place at the Meeting. The package includes all relevant levy information for the next year, what insurance cover is in place, and who the Body Corporate Committee Members are. Should Owners wish to sell their Unit, all the necessary information is provided in the Annual General Meeting package sent out each year to every Unit Owner. Please take the time to carefully read all information provided to you by your Body Corporate Manager.

A: The Body Corporate and Community Management (Standard Module) Regulations 1997 states that “the Sinking Fund Budget must allow for raising a reasonable capital amount both to provide for necessary and reasonable spending from the sinking fund for the financial year, and also to reserve an appropriate proportional share of amount necessary to be accumulated to meet anticipated major expenditure over at least the next nine years after the financial year. To enable a Body Corporate to accurately determine anticipated major expenditure for at least the next nine years, it is recommended that a professional be engaged to carry out a Sinking Fund Forecast.

A: Resolution without Dissent - The motion is passed by resolution without dissent only if no vote is counted against the motion. Special Resolution - The votes counted for the motion must be more than the votes counted against the motion; and the number of votes counted against the motion are not more than 25% of the number of lots included in the scheme; and the total of the contribution schedule lot entitlements for the lots for which votes are counted against the motion is not more than 25% of the total of the contribution schedule lot entitlements for all lots included in the scheme. Ordinary Resolution - The voters counted for the motion must be more than the votes counted against the motion.

Types of resolution	To pass the resolution	Examples of motions
Ordinary resolution (no poll requested)	The votes counted for the motion must exceed the votes counted against the motion - if the votes are equal, the motion is lost.	To adopt the administrative fund and sinking fund budgets for each financial year of the body corporate.
Ordinary resolution by poll – the motion is decided by the value of the votes	The total of the contribution schedule lot entitlements for the votes counted for the motion must exceed the total against the motion	To fix the discount allowed for the timely payment of contributions.
Special resolution	At least two-thirds of the votes must be in favour of the motion; and The number of votes against the motion must not exceed 25% of the number of lots in the scheme; and The total contribution schedule lot entitlements for the votes against the motion must not exceed 25% of the total for all the lots.	To resolve not to appoint an auditor to audit the accounts for the next financial year of the body corporate
Resolution Without Dissent	No vote must be against the motion.	To approve a process to reinstate the building in whole or in part.
Majority Resolution (secret ballot)	No proxy votes are allowed, and the votes counted for the motion are from more than 50% of the eligible voters	To require the letting agent to transfer his/her management rights.

A: No. The Body Corporate does not insure carpets in individual units, only carpets in common area, stairwells and foyers. Owners should ensure that their own contents insurance for their unit is inclusive of carpet.

A: The Body Corporate and Community Management Act 1997 provides that
all owners are to receive a copy of the Notice 7 days before the meeting stating when and where the meeting is to be held. Should you wish to attend as an 'observer' you are entitled to do so provided you give notice to the Secretary no later than 24 hours before the meeting.

A: At a committee meeting a quorum is at least half of the number of voting members of the committee. At a general meeting, a quorum is at least 25% of the total number of lots in the scheme.

A: By-laws are a set of rule which have been set down to ensure that all occupants can sensibly and peacefully enjoy the common facilities together. The by-laws and their enforcement are essential to preserve property values in the community. A by-law must not impose a monetary liability on an owner or occupier of a lot; must not discriminate between different types of occupiers (owners/tenants); and, cannot restrict the type of residential use of a lot as long as that lot may lawfully be used for residential purposes.

A: The Act does not require a Body Corporate to hold any specific number of Committee Meetings during the year. Some Committees will hold regular meetings whilst others may not hold any meeting during a particular year.

A: Yes. A motion can be amended by those present at a General Meeting, however, the subject matter of the motion must not change. If those present at the meeting, feel it necessary to amend a motion, all owners who have submitted a voting paper and are not present, must be counted as NO votes.

A: The Standard and Accommodation Module Regulations of the Body Corporate and Community Management Act 1997 states that Committee spending is defaulted at $200.00 per lot. For layered schemes the number of lots is defined as the number of lots in the subsidiary schemes to the principal scheme. The new regulations which came into effect on 1st September 2008 provide that this limit can be increased at a general meeting by ordinary resolution to an amount which is not capped or defined by the Accommodation or Standard Module.

The new limits are exclusive of GST. If the spending being authorised by the committee is above the default major spending limits of the body corporate than the committee must obtain two quotations and copies of these quotes must be circulated with the minutes for that committee meeting.

A: The standard Schedule 4 By-Laws contained within the Body Corporate and Community Management Act 1997 provides that Owners and Occupiers may keep a pet 'IF APPROVED BY THE BODY CORPORATE.' However each body corporate has individual by-laws which may differ. We suggest that you read the by-laws and if pets are subject to approval by the Committee and if so a written application be made to the Committee of the Body Corporate, who has the authority to determine such matters. The above matter of course, does not relate to Guide Dogs.

A: The Body Corporate and Community Management Act 1997 and the associated Regulation Modules (Accommodation, Standard, Small Schemes and Commercial) is Government legislation that determines how a Body Corporate is to function. The Government Printer GoPrint can supply anyone with a copy of this legislation.

GoPrint Toll Free: 1800 679 788 or to download copies of the Act, at no cost go to www.legislation.qld.gov.au.