Resources & Tools for Body Corporates & Owners

Mystrata Forum

Click on the icon below to access the Mystrata Forum. Here, you can register as a user and post questions or answers, or simply browse specific forum topics relating to Body Corporate issues.

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MMbcs eNewsletters

Click on the icon below to access Meek Mercier's quarterly eNewsletter archive. eNewsletters discuss relevant topics concerning Body Corporates and related stakeholders.

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Commissioner's Office Fact Sheets

The following links are to the Fact Sheets of the Office of the Commissioner for Body Corporate and Community Management:

The Body Corporate
The Body Corporate Committee
General Meetings
Submitting Motions for Body Corporate Meetings
Body Corporate Elections
Maintenance
Financial Management
By-laws

Download free Adobe® Reader® 9 pdf software here:

The Body Corporate

Body Corporate An Introduction PDF

A Body Corporate is a legal entity that is created upon the registration of subdivided land. It has important functions in administering the common property, body corporate assets and undertaking necessary requirements pursuant to the Body Corporate and Community Management Act 1997 (Qld).

The click on the above linked fact sheet to read useful information on:

The role of the body corporate;
Duties and obligations of owners / occupiers;
General meetings; and
Financial management.

The Body Corporate Committee

The Role of the Committee PDF

Forming A Committee PDF

The role of the body corporate committee is integral to the sound administrative function of the body corporate.

The above linked fact sheets outline these important topics:

Why is a body corporate committee important;
Composition of the committee;
Who is/is not eligible to be on the committee;
How do members nominate;
Who can vote;
What can the committee do;
Committee meetings;
How are resolutions effected;
Committee spending; and
The code of conduct issues for the committee.

General Meetings

General Meetings PDF

There are two types of General Meetings – Annual General Meetings (AGMs) and Extraordinary General Meetings (EGMs). These provide a forum through which the Body Corporate can carry out its functions, including the making of important decisions concerning lot owners and occupiers by means of a voting process.

The above linked fact sheet discusses the following:

The AGM;
The EGM;
Calling a General Meeting;
Motions;
Voting at General Meetings;
Types of resolutions; and
Duties, powers and procedural requirements of the committee executive members.

Submitting Motions for Body Corporate Meetings

Submitting Motions PDF

The above linked fact sheet is an instructive summary (with practical examples) of the issues to consider when drafting and submitting motions for General Meetings and Committee Meetings.

Body Corporate Elections

Elections PDF

Body Corporate elections are the mechanism by which the Body Corporate Committee members are elected to fulfil the functions under the Body Corporate and Community Management Act 1997 (Qld). To be elected, the person nominated must be eligible to be a committee member.

The above linked fact sheet provides useful information on the following:

Nomination to executive and non-executive Body Corporate Committee positions;
Preparing ballot papers; and
Filling committee vacancies.

Maintenance

Maintenance PDF

The Body Corporate and Community Management Act 1997 (Qld) and associated Regulation Modules place requirements on the Body Corporate and lot owners/occupiers to maintain areas of the scheme for which they are responsible. Maintenance obligations will vary depending on the type of plan under which the scheme is registered, namely a Building Format Plan (former known as a Building Unit Plan or BUP), or a Standard Format Plan (formerly known as a Group Title Plan or GTP).

The above linked fact sheet explains some of the main differences between the two types of plans and offers information on maintenance obligations relating to each.

Financial Management

Financial Management PDF

The above linked fact sheet provides essential information, with informative examples, on the following:

The financial year for plans registered both prior to, and after the commencement of the Body Corporate and Community Management Act 1997 (Qld);
Budgets;
Administrative and sinking funds;
The AGM notice and the Explanatory schedule;
Contributions by lot owners;
Statement of accounts; and
Audits.

By-laws

By-laws PDF

For a Body Corporate to run efficiently, the Body Corporate and Community Management Act 1997 (Qld) provides for the creation, implementation and enforcement of rules, known by-laws, which are adopted by a scheme to regulate a broad range matters associated with, for example, the use and enjoyment of lots or common property, including issues like; pets, behaviour of invitees, appearance of lots and damage to common property.

The above linked fact sheet provides guidance on the following:

How are by-laws created and enforced;
Exclusive Use by-laws;
Procedures for enforcement of by-laws;
Contravention notices; and
Non-compliance issues concerning contravention notices.

signing form

BCCM Forms

Click on the following links to download up-to-date approved forms directly from the Office of the Commissioner for Body Corporate and Community Management web site:

Approved Forms

BCCM Form 1	Notice to body corporate of contravention of a body corporate by-law
BCCM Form 2	Notice of authorised signatories on body corporate financial institution account
BCCM Form 6	Proxy form for body corporate general meetings
BCCM Form 7	Proxy form for committee meetings
BCCM Form 13	Body corporate information certificate
BCCM Form 14	Contract warning (Body corporate information)
BCCM Form 15	Dispute resolution application
BCCM Form 18	Guidelines for the engagement of a body corporate manager to carry out the functions of a committee and its executive members
BCCM Form 19	The effect of a change in the regulation module applying to a scheme
BCCM Form 20	Explanatory note - proposal to amend

Office Forms

BCCM Form 3	Search of orders
BCCM Form 4	Notice of annual general meeting of the body corporate
BCCM Form 5	Notice of extraordinary general meeting of the body corporate
BCCM Form 8	Information for body corporate roll
BCCM Form 9	Information required by body corporate
BCCM Form 10	Notice of continuing contravention of a body corporate by-law
BCCM Form 11	Notice regarding likely future contravention of a body corporate by-law
BCCM Form 12	Requiring information from a body corporate
BCCM Form 21	Credit card payment authorisation
BCCM Form 22	Conciliation application form
BCCM Form 23	Application - waiver of application fee

BUGTA Forms

Form 12	Notification of change of by-laws
Form 13	Notification of allocation or transposition of special rights over common property subject of a section 30(7) by-law
Form 14	Notification of change of address
Form 15	Application for exemption
Form 16	Section 49 statement
Form 17	Inquiry concerning application or order

Owners perusing documents

Useful Information Tools

Queensland Legislation

Download Body Corporate and other Legislation here (the link below will take you directly to the Office of Queensland Parliamentary Council Web Site):

http://www.legislation.qld.gov.au/Acts_SLs/Acts_SL_B.htm

Alphabetical Listing (all legislation)

The BCCM Act

Body Corporate and Community Management Act 1997

The BCCM Regulation Modules

Body Corporate and Community Management (Standard Module) Regulation 2008

Body Corporate and Community Management (Accommodation Module) Regulation 2008

Body Corporate and Community Management (Commercial Module) Regulation 2008

Body Corporate and Community Management (Small Schemes Module) Regulation 2008

Body Corporate and Community Management) Regulation 2008

BCCM Factsheets on Changes to the Regulation Modules

Click on the following BCCM factsheets pdf links to read about relevant recent changes to the BCCM regulation modules:

Changes to the Standard module regulations

Changes to the Accommodation module regulations

Changes to the Commercial module regulations

Changes to the Small Schemes module regulations

Explanatory Notes to the BCCM Act

View Explanatory Notes to the Body Corporate and Community Management Act 1997 (the link below will take you directly to the Office of Queensland Parliamentary Council Web Site):

BCCM and Other Legislation Amendment Bill 2002

Explanatory Notes
Supplementary Explanatory Notes (AustLii)

BCCM and Other Legislation Amendment Bill 2006

Explanatory Notes

BUGTA

Building Units and Group Titles Act (Qld) 1980

Building Units and Group Titles Regulation 1998

Other Useful Queensland Legislation

For Body Corporates / On-site Managers

Anti-Discrimination Act 1991

Property Agents and Motor Dealers Act 2000

Property Agents and Motor Dealers (Real Estate Agency Practice Code of Conduct) Regulation 2001

Property Agents and Motor Dealers Regulation 2001

Residential Tenancies Act 1994

Residential Tenancies Regulation 2005

Workplace Health & Safety

Workplace Health and Safety Act 1995

Workplace Health and Safety (Codes of Practice) Notice 2005

Workplace Health and Safety Regulation 1997

National OH&S Codes of Practice relating to Asbestos:

Code of Practice for the Mangement and Control of Asbestos in the Workplace [NOHSC:2018(2005)]

Safe Removal of Asbestos 2nd Edition [NOHSC:2002(2005)]

Occupational Health & Safety Act 1991 (Cth)

For Developers

Building Act 1975

Building Fire and Safety Regulation 2008

Building Regulation 2006

Land Act 1994

Land Regulation 1995

Land Sales Act 1984

Land Sales Regulation 2000

Local Government Act 1993

Integrated Planning Act 1997

Integrated Planning Regulation 1998

Property Agents and Motor Dealers Act 2000

Property Agents and Motor Dealers (Property Developer Practice Code of Conduct) Regulation 2001

Property Agents and Motor Dealers Regulation 2001

Survey and Mapping Infrastructure Act 2003

Surveyors Act 2003

Miscellaneous

Acts Interpretation Act 1954

Dividing Fences Act 1953

Electronic Transactions (Queensland) Act 2001

Environmental Protection Act 1994

Land Title Act 1994

Land Title Regulation 2005

Property Law Act 1974

Queensland Heritage Act 1992

Water Act 2000

Dispute Resolution

Anti-Discrimination Tribunal Rule 2005

Commercial and Consumer Tribunal Act 2003

Commercial and Consumer Tribunal Regulation 2003

Commercial Arbitration Act 1990

District Court of Queensland Act 1967

Limitation of Actions Act 1974

Planning and Environment Court Rules 1999

Small Claims Tribunals Act 1973

Small Claims Tribunals Regulation 2005

Supreme Court of Queensland Act 1991

Uniform Civil Procedure Rules 1999

Uniform Civil Procedure (Fees) Regulation 1999

Adjudicator's Orders

Download Adjudicator decisions/orders here (the link below will take you directly to the Austlii Web Site):

http://www.austlii.edu.au/au/cases/qld/QBCCMCmr/

Note: It is also possible to search Adjudicator's orders in respect of particular schemes by filling out BCCM Form 3 and submitting this with the apppropriate fee to the Commissioner's office.

Queensland Commercial and Consumer Tribunal - Body Corporate and Community Management List

Download appeal decisions from the CCT to Adjudicator's orders (the link below will take you directly to the Austlii Web Site):

http://www.austlii.edu.au/au/cases/qld/QCCTBCCM/

BCCM Resources

BCCM Guide to Community Living

View the BCCM Guide to Community Living (the link below will take you directly to the Office of Commissioner for Body Corporate and Community Management Web Site pdf document)

http://www.justice.qld.gov.au/files/CourtsAndTribunals/GuidetoCommunityLiving-English.pdf

Office of the Commissioner for BCCM Training Course

Access the BCCM Office's online training course here.

Owner on phone to body corporate managers

Links to Useful Government Websites (Click on the logos or links to access websites)

Office of the Commissioner for Body Corporate and Community Management

OCBCCM Contact Details:

Phone: 1800 060 119

Facsimile: +61 7 3227 8023

Address:
Level 11
259 Queen Street
Brisbane QLD 4000

Postal address:
GPO Box 1049
Brisbane QLD 4001

Website: http://www.justice.qld.gov.au/3260.htm

Office of the Queensland Parliamentary Council

http://www.legislation.qld.gov.au/OQPChome.htm

Department of Nautral Resources and Water

http://www.nrw.qld.gov.au/about/index.html

Land Registry Forms download

Registrar of Titles Directions for the Preparation of Plans, (Version 3.7, approved 19th May 2008)

Office of Fair Trading

http://www.justice.qld.gov.au/3656.htm

AustLii

The Australasian Legal Information Institute (AustLII) provides free online access to legal materials including legislation and decisions in Australasian jurisdictions.

Comlaw (Commonwealth Legislation Resource)

Commonwealth Law incorporating the Federal Register of Legislative Instruments (FRLI).

SCALEPlus (Commonwealth Legislation Resource)

SCALEplus is the legal information retrieval system operated by the Australian Attorney-General's Department, offering online access to Commonwealth legislation.

Australian Law Online

Australian Law Online is an Australian Government website providing access to law and justice related information and services.

Commonwealth Attorney General's Department Website

Access the website of the Commonwealth AG to obtain information about Commonwelth legislation, and Australia's legal and justice system.

Queensland Courts

Access the Queensland Courts website. This site provides the full text of judgments from the Queensland Courts and selected Tribunals as well as a database of relevant legal forms.