Building Units and Group Titles Regulation 1998

Queensland Building Units and Group Titles Act 1980 Building Units and Group Titles Regulation 1998 Reprinted as in force on 1 July 2008 Reprint No. 2B This reprint is prepared by the Office of the Queensland Parliamentary Counsel Warning—This reprint is not an authorised copy NOT FURTHER AMENDED LAST REPRINT BEFORE REPEAL See 2008 SL No. 286 s 17

Information about this reprint This regulation is reprinted as at 1 July 2008. The reprint shows the law as amended by all amendments that commenced on or before that day (Reprints Act 1992 s 5(c)). The reprint includes a reference to the law by which each amendment was made—see list of legislation and list of annotations in endnotes. Also see list of legislation for any uncommenced amendments. This page is specific to this reprint. See previous reprints for information about earlier changes made under the Reprints Act 1992. A table of reprints is included in the endnotes. Also see endnotes for information about— • when provisions commenced • editorial changes made in earlier reprints. Spelling The spelling of certain words or phrases may be inconsistent in this reprint due to changes made in various editions of the Macquarie Dictionary. Variations of spelling will be updated in the next authorised reprint. Dates shown on reprints Reprints dated at last amendment All reprints produced on or after 1 July 2002, authorised (that is, hard copy) and unauthorised (that is, electronic), are dated as at the last date of amendment. Previously reprints were dated as at the date of publication. If an authorised reprint is dated earlier than an unauthorised version published before 1 July 2002, it means the legislation was not further amended and the reprint date is the commencement of the last amendment. If the date of an authorised reprint is the same as the date shown for an unauthorised version previously published, it merely means that the unauthorised version was published before the authorised version. Also, any revised edition of the previously published unauthorised version will have the same date as that version. Replacement reprint date If the date of an authorised reprint is the same as the date shown on another authorised reprint it means that one is the replacement of the other.

Queensland Building Units and Group Titles Regulation 1998 Contents Part 1 1 2 Part 2 3 4 5 Part 3 6 7 Part 4 8 9 10 11 12 13 Part 5 14 15 Part 6 16 Schedule 1 Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Forms and registration requirements Forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Requirements for registration of relevant documents . . . . . . . . . . 6 Notification of registration of plans by registrar . . . . . . . . . . . . . . 7 Nominations and elections Nominations and elections at first annual general meeting and other particular meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Nominations at second or subsequent annual general meetings ................................... 8 Miscellaneous Cost of improvements—Act, s 37(2)(g)(i) . . . . . . . . . . . . . . . . . . . 9 Retaining records—Act, s 38D(1)(b) . . . . . . . . . . . . . . . . . . . . . . 9 Ground for application for exemption—Act, s 41(2) . . . . . . . . . . . 9 Restriction on expenditure by committee—Act, s 47(1) . . . . . . . . 10 Amount of insurance cover—Act, s 56(2). . . . . . . . . . . . . . . . . . . 10 Classes of order—Act, s 117(a)(ii) . . . . . . . . . . . . . . . . . . . . . . . . 10 Fees Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Remission of referee’s fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Repeal Repeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Nomination and election of committee at first annual general meeting and other particular meetings . . . . . . . . . . . 12

2 Building Units and Group Titles Regulation 1998 Part 1 1 2 3 4 5 6 7 Part 2 8 9 10 11 12 13 14 Schedule 2 Part 1 1 2 3 4 5 6 7 8 Part 2 9 10 11 Nominations Preliminary decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Chairperson to call for nominations . . . . . . . . . . . . . . . . . . . . . . . Consent for effective nominations . . . . . . . . . . . . . . . . . . . . . . . . Sole nominees for election as chairperson, secretary or treasurer ...................................... Multiple nominees for election as chairperson, secretary or treasurer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Required number of nominees for election as other committee members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . More than required number of nominees for election as other committee members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Elections Elections must be separate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Pre-ballot . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Opening envelopes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Counting ballot . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Properly completed ballot papers. . . . . . . . . . . . . . . . . . . . . . . . . Properly completed particulars envelope . . . . . . . . . . . . . . . . . . . Result of ballot . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Nomination and election of committee at second and subsequent annual general meetings . . . . . . . . . . . . . . . . . . . Nominations Secretary to give notices calling for nominations . . . . . . . . . . . . . Properly completed nominations . . . . . . . . . . . . . . . . . . . . . . . . . Absence of nominees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Sole nominees for election as chairperson, secretary or treasurer ...................................... Multiple nominees for election as chairperson, secretary or treasurer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Required number of nominees for election as other committee members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Less than required number of nominees for election as other committee members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . More than required number of nominees for election as other committee members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Elections Elections must be separate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Pre-ballot . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ballot papers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 12 12 13 13 13 13 14 14 14 15 15 16 16 18 18 18 19 19 19 20 20 20 20 21 22

3 Building Units and Group Titles Regulation 1998 12 13 14 15 16 Schedule 3 Opening envelopes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Counting ballot . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Properly completed ballot papers. . . . . . . . . . . . . . . . . . . . . . . . . Properly completed particulars envelope . . . . . . . . . . . . . . . . . . . Result of ballot . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 22 23 24 24 25 Endnotes 1 2 3 4 5 6 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date to which amendments incorporated. . . . . . . . . . . . . . . . . . . . . . Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of legislation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 28 28 29 29 31

s1 5 s2 Building Units and Group Titles Regulation 1998 Building Units and Group Titles Regulation 1998 [as amended by all amendments that commenced on or before 1 July 2008] Part 1 Preliminary 1 Short title This regulation may be cited as the Building Units and Group Titles Regulation 1998 . 2 Definitions In this regulation— annual general meeting means an annual general meeting under section 29A(1) 1 of the Act. approved form means a form approved by the chief executive under section 3(1). books of account means the books of account required to be kept by a body corporate under section 38D(1)(b) 2 of the Act. notice of conversion means a notice of conversion under section 12 3 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. 1 Section 29A (Meetings, other than first annual general meeting, of body corporate) of the Act 2 Section 38D (Duty of body corporate as to keeping records, convening meetings etc.) of the Act 3 Section 12 (Conversion of lots into common property) of the Act

s3 6 s4 Building Units and Group Titles Regulation 1998 plan of amalgamation means a plan of amalgamation under section 11 4 of the Act. plan of resubdivision means a plan of resubdivision under section 10 5 of the Act. registrar see Land Title Act 1994 , schedule 2. 6 statement of accounts means a statement of accounts required to be prepared by a body corporate under section 38D(1)(c) of the Act. Part 2 Forms and registration requirements 3 Forms (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. 4 Requirements 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 4 Section 11 (Amalgamation of lots) of the Act 5 Section 10 (Resubdivision) of the Act 6 Land Title Act 1994 , schedule 2, definition registrar — registrar means the registrar of titles.

s5 7 s6 Building Units and Group Titles Regulation 1998 (b) a plan of amalgamation; or (c) a notice of conversion. 5 Notification 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. Part 3 Nominations and elections 6 Nominations 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) 7 of the Act; or (b) at an annual general meeting of the body corporate if, because of a resolution of the body corporate under 7 Section 29 (First annual general meeting of body corporate) of the Act

s7 8 s7 Building Units and Group Titles Regulation 1998 section 41(1) 8 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 9 of the Act does not apply to the body corporate; or (ii) schedule 4, section 10(f) 10 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) 11 of the Act; or (d) a meeting of the body corporate under section 43(3) 12 of the Act. (2) Schedule 1 applies to the nomination and election. 7 Nominations 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 6(1)(a) or (b). (2) Schedule 2 applies to the nomination and election. 8 Section 41 (Exemption from certain provisions of Act) of the Act 9 Schedule 2 (Meetings of, and voting at meetings of, body corporate), part 2 (Meetings other than first annual general meeting) of the Act 10 Schedule 4 (Provisions applying to committees and office bearers), section 10 (Powers and duties of secretary) of the Act 11 Section 42 (Constitution of committees) of the Act 12 Section 43 (Vacation of office of member of committee) of the Act

s 8 9 s 10 Building Units and Group Titles Regulation 1998 Part 4 Miscellaneous 8 Cost of improvements—Act, s 37(2)(g)(i) (1) For section 37(2)(g)(i) 13 of the Act, the prescribed amount, for the cost of improvements made to common property, is the higher of the following— (a) $1000; (b) the amount calculated as follows— $ 200 × L . (2) In subsection (1)— L means the number of lots the subject of the plan that includes the common property. 9 Retaining records—Act, s 38D(1)(b) For section 38D(1)(b) 14 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) 15 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. 10 Ground for application for exemption—Act, s 41(2) The prescribed ground on which a body corporate may make an application under section 41(2) 16 of the Act is that the body corporate has received written notice from each proprietor 13 Section 37 (Duties and powers of body corporate regarding property etc.) of the Act 14 Section 38D (Duty of body corporate as to keeping records, convening meetings etc.) of the Act 15 Section 25 (Variation or extinguishment of plan) of the Act 16 Section 41 (Exemption from certain provisions of Act) of the Act

s 11 10 s 14 Building Units and Group Titles Regulation 1998 entitled to vote, but not voting, on a resolution under section 41(2) of the Act that the resolution is not opposed. 11 Restriction on expenditure by committee—Act, s 47(1) For section 47(1) 17 of the Act, the prescribed amount is $40. 12 Amount of insurance cover—Act, s 56(2) For section 56(2) 18 of the Act, the prescribed amount of cover is $10000000. 13 Classes of order—Act, s 117(a)(ii) For section 117(a)(ii) 19 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. Part 5 Fees 14 Fees (1) The fees payable under the Act to the registrar are stated in schedule 3, part 1. 17 Section 47 (Statutory restrictions on powers of committees) of the Act 18 Section 56 (Further insurance by body corporate) of the Act 19 Section 117 (Inquiries) of the Act

s 15 11 s 16 Building Units and Group Titles Regulation 1998 (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. 15 Remission 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. Part 6 Repeal 16 Repeal The Building Units and Group Titles Regulation 1980 is repealed.

12 Building Units and Group Titles Regulation 1998 Schedule 1 Nomination and election of committee at first annual general meeting and other particular meetings section 6(2) Part 1 Nominations 1 Preliminary 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) 20 of the Act; and (b) if the election of the committee will be by open ballot. 21 2 Chairperson 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. 3 Consent 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. 20 If there are not more than 3 proprietors, section 42(3) of the Act applies to the constitution of the committee. 21 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.

13 Building Units and Group Titles Regulation 1998 Schedule 1 (continued) 4 Sole 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. 5 Multiple 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. 6 Required 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. 7 More 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.

14 Building Units and Group Titles Regulation 1998 Part 2 Schedule 1 (continued) Elections 8 Elections 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. 9 Pre-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. 10 Opening envelopes For a secret ballot, a ballot paper envelope must be opened by the chairperson, or an individual appointed by the chairperson, after—

15 Building Units and Group Titles Regulation 1998 Schedule 1 (continued) (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. 11 Counting ballot The chairperson, or an individual appointed by the chairperson, must count the votes recorded on properly completed ballot papers. 12 Properly 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 one 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 one nominee for each of the members of the committee required to be elected and to which the ballot relates; and

16 Building Units and Group Titles Regulation 1998 Schedule 1 (continued) (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. 13 Properly 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. 14 Result 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

17 Building Units and Group Titles Regulation 1998 Schedule 1 (continued) (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.

18 Building Units and Group Titles Regulation 1998 Schedule 2 Nomination and election of committee at second and subsequent annual general meetings section 7(2) Part 1 Nominations 1 Secretary 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. 2 Properly 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

19 Building Units and Group Titles Regulation 1998 Schedule 2 (continued) (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. 3 Absence 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. 4 Sole 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. 5 Multiple 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.

20 Building Units and Group Titles Regulation 1998 Schedule 2 (continued) (3) If there are 2 or more nominees for election as treasurer, the election of the treasurer must be by ballot. 6 Required 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. 7 Less 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. 8 More 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. Part 2 Elections 9 Elections must be separate A body corporate must have a separate election for each of the following—

21 Building Units and Group Titles Regulation 1998 Schedule 2 (continued) (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. 10 Pre-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.

22 Building Units and Group Titles Regulation 1998 Schedule 2 (continued) 11 Ballot 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. 12 Opening 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. 13 Counting ballot The chairperson, or an individual appointed by the chairperson, must count the votes recorded on properly completed ballot papers.

23 Building Units and Group Titles Regulation 1998 Schedule 2 (continued) 14 Properly 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.

24 Building Units and Group Titles Regulation 1998 Schedule 2 (continued) 15 Properly 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. 16 Result 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.

25 Building Units and Group Titles Regulation 1998 Schedule 3 Fees section 14 Part 1 Fees payable to the registrar $ 1 Lodging a plan or plan of amalgamation for registration (Act, s 9(16)) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 250.60 2 Additional fee for each lot in a plan or plan of amalgamation mentioned in item 1 . . . . . . . . . . . . . . . . . . . 19.30 3 Lodging for registration— (a) a notice of conversion (Act, s 9(16)) . . . . . . . . . . . . . . 90.90 (b) a request to register an order, made under section 25(7A)(c) of the Act, amending a building units plan 90.90 (c) a notification of proposed extinguishment under section 26(1) of the Act . . . . . . . . . . . . . . . . . . . . . . . . 90.90 4 Lodging— (a) an order (Act, s 112(1)(b)). . . . . . . . . . . . . . . . . . . . . . 90.90 (b) an amendment of, addition to or repeal of by-laws (Act, s 30(3)) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90.90 5 Furnishing copies of registered plan or amendment of registered plan (Act, s 14) . . . . . . . . . . . . . . . . . . . . . . . . . . 20.75 6 Application to— (a) reserve a name (Act, s 120(1)). . . . . . . . . . . . . . . . . . . 64.90 (b) extend the period for which a name is reserved (Act, s 120(3)) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64.90 7 Lodging another document under the Act . . . . . . . . . . . . . . 25.60

26 Building Units and Group Titles Regulation 1998 Part 2 Schedule 3 (continued) Fees payable to the referee $ 8 Application for an order as mentioned in section 41(2) of the Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57.00 9 Application for an order as mentioned in section 77(1) of the Act— (a) if the applicant requests an interim order as mentioned in section 76(2) of the Act . . . . . . . . . . . . . 118.00 (b) otherwise . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57.00 10 Issuing a summons under section 103(1) of the Act . . . . . . 57.00 11 Lodging a notice of appeal under section 106(1) of the Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57.00 12 Making an inquiry as mentioned in section 117 of the Act— (a) if the reply is collected from the referee . . . . . . . . . . . 12.20 (b) if the reply is posted to the inquirer . . . . . . . . . . . . . . . 14.90 (c) if the reply is sent by facsimile to the inquirer . . . . . . 18.90 Part 3 Fees payable to a body corporate $ 13 Giving information under section 40(1)(a) of the Act. . . . . 24.60 14 Making documents available for inspection under section 40(1)(b) of the Act— (a) if the applicant is a person mentioned in section 40(5), definition prescribed person , paragraph (a), of the Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12.20 (b) if the applicant is a person mentioned in section 40(5), definition prescribed person , paragraph (b), of the Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24.60

27 Building Units and Group Titles Regulation 1998 Schedule 3 (continued) $ 15 Giving a certificate under section 40(1)(c) of the Act— (a) if the applicant asks to be given the certificate and is given the certificate within 24 hours after it is requested . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67.50 (b) otherwise . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49.20 16 Additional fee for sending a certificate mentioned in item 15 by facsimile. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12.20 17 Giving a copy of the by-laws under section 40(1)(d) of the Act— (a) if the body corporate giving the by-laws has decided a fee of less than $1.00 . . . . . . . . . . . . . . . . . . . . . . . . . . the decided fee (b) otherwise . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.20

28 Building Units and Group Titles Regulation 1998 Endnotes 1 Index to endnotes Page 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .28 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .28 4 Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .29 5 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .29 6 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .31 2 Date to which amendments incorporated This is the reprint date mentioned in the Reprints Act 1992, section 5(c). Accordingly, this reprint includes all amendments that commenced operation on or before 1 July 2008. Future amendments of the Building Units and Group Titles Regulation 1998 may be made in accordance with this reprint under the Reprints Act 1992, section 49. 3 Key Key to abbreviations in list of legislation and annotations Key AIA amd amdt ch def div exp gaz hdg ins lap notfd num o in c om orig p para prec pres prev Explanation = Acts Interpretation Act 1954 = amended = amendment = chapter = definition = division = expires/expired = gazette = heading = inserted = lapsed = notified = numbered = order in council = omitted = original = page = paragraph = preceding = present = previous Key (prev) proc prov pt pubd R[X] RA reloc renum rep (retro) rv s sch sdiv SIA SIR SL sub unnum Explanation = previously = proclamation = provision = part = published = Reprint No.[X] = Reprints Act 1992 = relocated = renumbered = repealed = retrospectively = revised edition = section = schedule = subdivision = Statutory Instruments Act 1992 = Statutory Instruments Regulation 2002 = subordinate legislation = substituted = unnumbered

29 Building Units and Group Titles Regulation 1998 4 Table of reprints Reprints are issued for both future and past effective dates. For the most up-to-date table of reprints, see the reprint with the latest effective date. If a reprint number includes a letter of the alphabet, the reprint was released in unauthorised, electronic form only. Reprint No. 1 1A Amendments to none 2001 SL No. 147 Effective 26 June 1998 20 September 2001 Reprint date 30 June 1998 21 September 2001 Reprint No. 1B 1C 1D 1E 1F 2 2A 2B Amendments included 2002 SL No. 122 2003 SL No. 100 2004 SL No. 67 2004 SL No. 103 2005 SL No. 103 2005 SL No. 135 2006 SL No. 110 2006 SL No. 162 — 2007 SL No. 98 2007 SL No. 148 2008 SL No. 149 (amd 2008 SL No. 204) Effective 1 July 2002 1 July 2003 1 July 2004 1 July 2005 1 July 2006 1 July 2006 1 July 2007 1 July 2008 Notes R1F withdrawn, see R2 5 List of legislation Building Units and Group Titles Regulation 1998 SL No. 189 made by the Governor in Council on 23 June 1998 notfd gaz 26 June 1998 pp 1036–7 commenced on date of notification exp 1 September 2008 (see SIA s 54) Note—The expiry date may have changed since this reprint was published. See the latest reprint of the SIR for any change. amending legislation— Natural Resources Legislation Amendment Regulation (No. 2) 2001 SL No. 147 pts 1, 4 notfd gaz 24 August 2001 pp 1526–9 ss 1–2 commenced on date of notification remaining provisions commenced 20 September 2001 (see s 2) Natural Resources and Mines Legislation Amendment and Repeal Regulation (No. 1) 2002 SL No. 122 pts 1, 4 notfd gaz 31 May 2002 pp 482–7

30 Building Units and Group Titles Regulation 1998 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2002 (see s 2) Natural Resources and Mines Legislation Amendment Regulation (No. 1) 2003 SL No. 100 pts 1, 4 notfd gaz 30 May 2003 pp 371–6 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2003 (see s 2) Natural Resources, Mines and Energy Legislation Amendment Regulation (No. 1) 2004 SL No. 67 pts 1, 3 notfd gaz 28 May 2004 pp 277–80 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2004 (see s 2) Tourism, Fair Trading and Wine Industry Development (Fees) Amendment Regulation (No. 1) 2004 SL No. 103 notfd gaz 25 June 2004 pp 573–81 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2004 (see s 2) Natural Resources and Mines Legislation Amendment Regulation (No. 1) 2005 SL No. 103 pts 1, 3 notfd gaz 3 June 2005 pp 415–19 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2005 (see s 2) Tourism, Fair Trading and Wine Industry Development (Fees) Amendment Regulation (No. 1) 2005 SL No. 135 notfd gaz 24 June 2005 pp 639–45 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2005 (see s 2) Natural Resources Legislation Amendment Regulation (No. 1) 2006 SL No. 110 pts 1, 3 notfd gaz 2 June 2006 pp 572–6 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2006 (see s 2) Tourism, Fair Trading and Wine Industry Development (Fees) Amendment Regulation (No. 1) 2006 SL No. 162 ss 1–2, 3 sch notfd gaz 30 June 2006 pp 1060–7 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2006 (see s 2) Natural Resources and Water Legislation Amendment Regulation (No. 1) 2007 SL No. 98 pts 1, 3 notfd gaz 1 June 2007 pp 582–4 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2007 (see s 2) Body Corporate and Community Management and Other Legislation Amendment Regulation (No. 1) 2007 SL No. 148 pts 1, 7 notfd gaz 29 June 2007 pp 1157–65

31 Building Units and Group Titles Regulation 1998 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2007 (see s 2) Natural Resources and Water Legislation Amendment Regulation (No. 1) 2008 SL No. 149 pts 1, 3 (this regulation is amended, see amending legislation below) notfd gaz 6 June 2008 pp 800–2 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2008 (see s 2) amending legislation— Natural Resources and Water Legislation Amendment Regulation (No. 2) 2008 SL No. 204 ss 1–3 (amends 2008 SL No. 149 above) notfd gaz 27 June 2008 pp 1268–78 commenced on date of notification 6 List of annotations Fees s 14 amd 2004 SL No. 67 s 6 SCHEDULE 3—FEES sub 2001 SL No. 147 s 9; 2002 SL No. 122 s 8; 2003 SL No. 100 s 8 amd 2004 SL No. 67 s 7; 2004 SL No. 103 s 3 sch; 2005 SL No. 103 s 6; 2005 SL No. 135 s 3 sch 3; 2006 SL No. 110 s 6; 2006 SL No. 162 s 3 sch, 2007 SL No. 98 s 6; 2007 SL No. 148 s 22; 2008 SL No. 149 s 6 (amd 2008 SL No. 204 s 3) © State of Queensland 2008