TO THE
Building Units and Group Titles Act 1980-1988
Act-
application of, to-
former building units titles plan . former common property former group titles plan . former lot .
former parcel
A
unit entitlements. etc., endorsed on former plan arrangement of.
commencement of construction of ..
exemptions from certain provisions of other rights and remedies not affected by . repeals and amendments re .
savings and transitional provisions re short title of
Administrative fund- disbursements from establishment of investment of meaning of term payments into
Aggregate lot entitlement. See also Lot entitlement.
apportionment of statutory charges re meaning of term
Animals-
by-laws re keeping of
order of referee re keeping of. contrary to by-laws.
order of referee re keeping of. pursuant to by-laws Appeal-
from tribunal to be limited to court on question of law only to tribunal-
adjournment of administration of oath re continuity of hearing of ..
contempt of tribunal re . copy of order re. to be served determination of
general duties of referee re general duties of tribunal re.
grounds for notice of appeal re . who may apply for . witness may be summoned re Appointed day-
meaning of term for the purposes of s. 5 ..
meetings of former bodies corporate held within two months after
notices served by public or local authority before
s.
s.
5 (5) 5 (5) 5 (5) 5 (5) 5 (5) 5 (5) 3 2 6 41 119
4, First Sch.
5 I
38 (3) 38 (!) 38 (7) 7 (!) 38 (2) 125
7 (I)
Third Sch. b 1.11 s. 85
86 109 108 100 104 101 105 102 107 106 (5), (6) 106 (7) 106 (2) 106 (3), (8) 106 (I) 103
5 (I) 5 (8) 5 (9)
Page
6 6 6 6 6 6 2 I 15 57 99 3, 106 3 I
51 50 51 15 50 102 15 123 86 86 95 95 91 93 91 93 92 95 94 94 93 94, 95 93 92
130 INDEX
Area-
meaning of term for the purposes of Part IV Div. 7 Arrangement of Act
Auctioneers and Agents Act- amendment of .
Audit of accounts of body corporate .
B
Body corporate. See also Continued body corporate.
address of ..
audit of accounts of borrowings by by-laws to be binding on common seal of
Companies (Queensland) Code not to apply to constitution of.
continuation of. generally
continuation of. when constituted under former Acts costs in proceedings by proprietors against councils of, to be committee
decision of committee to be decision of delegation of powers to body corporate manager duties of-
re extinguishment of plan re property generally
to apply insurance moneys to rebuilding
to effect further insurance re building and common property to establish and maintain administrative fund
to establish and maintain a sinking fund . to insure buildings and common property to keep records and convene meetings first annual general meeting of
amendment or revocation of resolutions appointment of proxy re
chairman's declaration of vote re counting of votes at. generally counting of votes at. reelection of officers meetings of, prior to
method of casting votes at motions out of order notice of
order varying anniversary of persons entitled to vote at quorum of.
restriction on submitting motions re . general meeting of committee of-
amendment or revocation of resolution re appointment of proxy re
chairman to have names of persons entitled to vote at chairman to preside at
chairman's declaration of vote re convening and business of counting of votes on motions counting of votes reelection of chairman method of casting votes at
motions out of order re.
notice of
persons entitled to vote at quorum of.
requisition for motion to be included on agenda for scrutineers re voting at
withdrawal of voting paper insurable interest of limited right of action by
may appoint body corporate manager
s. 61
4 (2) First Sch. Part II
S. 29B
34 29B 38c 30 (5) 28 27 (2) 27 (I) 27 (4) 5 (3) 124
5 (18) 46 50 (2)-(6).
26 37 (I) 59 56 38 (I )-(3) . 38 (4)-(6).
55 38o 29
Second Sch. Part I, cl. 14 Second Sch. Part I, cl. 15 Second Sch. Part I, cl. 13 Second Sch. Part I, cl. 12 Second Sch. Part I, cl. II Second Sch. Part 2, cl. 16 Second Sch. Part I, cl. 8 Second Sch. Part I, cl. 7 Second Sch. Part I, cl. 3
S. 94A
Second Sch. Part I, cl. 5 Second Sch. Part I, cl. 6 Second Sch. Part I, cl. 4 Second Sch. Part 2, cl. 14 Second Sch. Part 2, cl. 17 Second Sch. Part 2, cl. 9 Second Sch. Part 2, cl. 7 Second Sch. Part 2. cl. 12 Second Sch. Part 2, cl. I Second Sch. Part 2, cl. II Second Sch. Part 2, cl. 10 Second Sch. Part 2, cl. 5 Second Sch. Part 2, cl. 4 Second Sch, Part 2, cl. I Second Sch. Part 2, cl. 2 Second Sch. Part 2, cl. 3 Second Sch. Part 2, cl. 13 Second Sch. Part 2, cl. 8 Second Sch. Part 2, cl. 6
s. 60 J2JA
50 (I)
Page 77
3, 106 43
47 43 52 44 40 39 39 39 5 101 12 64 69 37 49 77 76 50, 51 51 75 53 41 109 109 109 109 109 113 109 109 109 90 109 109 109 113 113 113 113 113 113 113 113 113 113 113 113 118 122 120 120 77 101 69
Body corporate-continued-
may impose restrictions on committee may require information as to letting of lot meaning of term
meetings of. generally notices to be given to order by referee when not given .
INDEX
order revoking resolution by, dispensing with audit powers and duties of secretary of
powers and duties of treasurer of powers of-
generally
reacquisition of additional common property re property generally
re transfer or lease of part of common property to amend or make by-laws for certain purposes to authorise proprietor to effect improvements to carry out work
to determine contributions by proprietors
to enter agreement with proprietor reconsideration for transfer or lease
to levy contributions on proprietors to sue and be used .
to take proceedings as agent for proprietor in certain cases.
restriction on certain voting by proxy at meetings of service of documents on
to approve conversion of lots into common property to be deemed to be registered proprietor . to be owner of parcel re Dividing Fences Act . to be representative of proprietor in proceedings to display and give certain notices
to have perpetual succession. etc.
to implement decisions .
to supply information to prescribed person when requested when may change name of building, etc .. on plan ..
when may be exempted from certain provisions of Act Body corporate manager-
appointment of
appointment of. by order of referee delegation of powers to . meaning of term powers of, generally Building-
body corporate to effect further insurance re body corporate to insure re damage policy by-laws re appearance of
meaning of term
meaning of term for the purposes of Part IV Div.
reservation of name of .
when body corporate may change name of. upon plan.
Building inspector-
meaning of term for the purposes of s. 9 . Building surveyor-
meaning of term for the purposes of s. 9 . Building units plan. See also Lot; Plan.
body corporate to insure building re common boundary of lots re easement for shelter re
easement for support to be implied re meaning of term
original plan to be amended re amalgamation of lots re registration of. re amalgamation of lots
reservation of name of building re
s. 48 40A
7 (I) 29A 53 92 94B Fourth Sch. cl. I 0 . Fourth Sch. cl. II .
s. 27 (3) 21 37 (2) 22
30 (2), (7)-(10) 37A ss. 33, 36
S. 38A 35 SS. 32, 38B
s. 27 (5)-(7) . 122
50 A 127
12 (I) 37 (3) 123 121 74 27 (5) 38E 40
9 (4) 4!
s. 50 (I), (8), (9) 94 50 (2)-(6).
7 (I) 50 (8)
56 55 Third Sch. bl. 8
s. 7 (I) 54 (I) 120
9 (4)
9 (10)
9 (10)
55 9 (5) 16 15
7 (I) II (3) II (I) 120
Page
131
65 57 15 43 71 88 90 127 127 39 28 49 29 43, 44 50 47, 48 51 48 45, 52 39, 40 101 70 102 25 50 101 100 82 39 54 55 21 57
69 89 69 15 69
76 75 124 15 74 100 21
23
23
75 21 26 26 16 25 25 100
132 INDEX
Building units plan-continued- subdivision of-
land re, not to be dealt with by reference to original lots Local Government Act not to apply to
lots re, to be subject to easements, etc.
original plan to be amended re
to be accompanied by prescribed fees when lodged for registration
when requirements of former Acts are to be complied with what to contain
when lodged for registration- to be accompanied by prescribed fees to be accompanied, etc .. by certificates to be signed when
when provisions of former Acts to be complied with reregistration of.
Business-
meaning of term for the purposes of Second Sch. Part I.
By-laws-
body corporate may make, amend, etc., for certain purposes
· when to take effect . copy of, to be produced on request copy of, to be kept in roll lease deemed to contain agreement re
local authority may make. for control of subdivision regroup titles plan
not to prohibit devolution or transfer not to prohibit keeping of guide dog . order by referee-
re invalidation of purported by-law re keeping of animals contrary to re keeping of animals pursuant to re revocation of amendment of reappearance of building re behaviour of invitees.
re damage to common property re damage to lawns. etc.
re depositing of rubbish on common property re garbage disposal
re keeping of animals re noise
re obstruction
re storage of flammable liquids re vehicles .
to bind the body corporate
when may vary. etc .. order under Div. 3 .
Ceiling- meaning of term Certificates-
c
building units plan to be accompanied by certain, when lodged for registration
group titles plan to be accompanied by, when lodged for registration
of building surveyor. etc .. not to attach liability of local authority, re subdivision-
appeal re refusal to issue issue of, generally
issue of, when non-compliance with other Act regroup titles plan
of local authority re subdivision-continued-
plan to be accompanied by. etc .. when lodged for registration transfer or lease reacquisition of common property to be accom-
panied by
s. 10 (9) 24 (I) 10 (4) 10 (8) 9 (16) 5 (2) 9 (I) 9 (16) 9 (8) 13
5 (2)
Second Sch. Part I, cl. I s. 30 (2), (7)-( I 0)
30 (3) 31 39 (4) 30 (4) 24 (3) 30 (6) 30 (12) 90 85 86 88 Third Sch. bl.8 Third Sch. bl.6 Third Sch. bl.5 Third Sch. bl.4 Third Sch. bl.7 Third Sch. b 1.10 Third Sch. bl.ll Third Sch. bl.l Third Sch. bl.3 Third Sch. bl.9 Third Sch. bl.2 s. 30 (5)
30 (II)
7 (I)
9 (8) 9 (12) 9 (9) 24 (6) 24 (4), (5) 24 (2)
9 (7) 21 (2)
Page
25 32 24 25 23 4 20 23 22 26 4 109 43, 44 43 45 55 44 33 44 45 88 86 86 87 124 124 123 123 124 125 125 123 123 124 123 44 45
16
22 23 23 34 33 32 22 28
Charges. See Rates and charges.
Commencement of Act . Commissioner of Land Tax-
Registrar to furnish plan to. after registration . Committee-
acts of, to be valid notwithstanding vacancies application of Fourth Schedule to approval of resolution of, may be in writing chairman. secretary and treasurer of . constitution of.
council of body corporate to be
decision of, to be decision of body corporate general meeting of-
amendment or revocation of resolution rc appointment of proxy re
INDEX
chairman to have names of persons entitled to vote at chairman to preside at
chairman's declaration of vote re convening and business of counting of votes on motions counting of votes reelection of chairman method of casting votes at
motions out of order re.
notice of
persons entitled to vote at quorum of.
requisition for motion to be included on agenda for scrutineers re voting at
withdrawal of voting paper meaning of term
meetings and delegation of powers of meetings at request of members of meetings of
minute of certain resolutions to be included in minutes of.
notice of meetings of place of meeting of.
power of. to employ agents and servants . protection of, from liability
restrictions imposed on. by body corporate statutory restrictions on power of to erect notice board
vacation of office of member of .
Common property. See also Resubdivision of common property.
acquisition of additional. by body corporate body corporate-
application of insurance moneys received by to effect further insurance re
to insure re damage policy by-laws re damage to by-laws re damage to lawns on by-laws redeposit of rubbish on . conversion of lots into-
approval of local authority re
provisions of Act re plans and appeals to apply to registration of notice of conversion rr
to be signed by interested parties creation of easements re
disposal of share of duties of body corporate re duty of Registrar re ownership of easements re support for improvements on. by proprietor .
land may be subdivided into. by registration of plan maintenance of exclusive use and special privilege of meaning of term
ownership of
order by referee re certain consents affecting powers of body corporate re administration of. etc.
powers of body corporate re dealings with
registration of tranfers or leases of. registrable under former Acts resubdivision of, generally
s. 2
14 Fourth Sch. cl. 9
S. 48B Fourth Sch. cl.
s. 44 42
5 (18) 46
Second Sch. Part 2, cl. 14 Second Sch. Part 2, cl. 17 Second Sch. Part 2, cl. 9 Second Sch. Part 2, cl. 7 Second Sch. Part 2, cl. 12 Second Sch. Part 2, cl. I Second Sch. Part 2, cl. II Second Sch. Part 2, cl. I 0 Second Sch. Part 2, cl. 5 Second Sch. Part 2, cl. 4 Second Sch. Part 2, cl. I Second Sch. Part 2, cl. 2 Second Sch. Part 2, cl. 3 Second Sch. Part 2, cl. 13 Second Sch. Part 2, cl. 8 Second Sch. Part 2, cl. 6
s. 7 (I) Fourth Sch. cl. 3 Fourth Sch. cl. 4
s. 45 Fourth Sch. cl. 8 Fourth Sch. cl. 6 Fourth Sch. cl. 5 Fourth Sch. cl. I
S. 48A 48 47 Fourth Sch. cl. 2
s. 43 21 59 56 55 Third Sch. bl.5 Third Sch. bl.4 Third Sch. bl.7 s. 12 (I)
12 (2) 12 (3), (4) 13 23 20 (3) 37 (I) 20 (2)
15 37..\
8 (I) 5 (II) 7 ( 1) 20 (I) 79 27 (3) 37 (2) 5 (6) 10
133
Page
26 125 65 125 62 58 12 64 122 122 120 120 122 113 121 120 119 119 113 117 118 122 120 120 16 125 125 63 125 125 125 125 65 65 64 125 60 28 77 76 75 123 123 12 25 25 25 26 31 28 49 27 26 50 19 9 16 27 85 39 49 6 23
134
Common seal of body corporate.
Common wall-
insurance of. on group title plan ..
Companies (Queensland) Code- not to apply to body corporate Company nominee-
meaning of term Construction of Act Continued body corporate-
administrative and sinking funds of
INDEX
continuation of. when constituted under former Acts general meetings of.
inspection of records of.
meaning of term for the purposes of s. 5 .
meetings of, held within two months after appointed day modification of Part IV Div. 6 re policies of insurance held by ..
modification of s. 40 re contributions lei vied by notices to. re roll
recovery of rates paid by Contributions-
body corporate to determine levied by body corporate on proprietors order by referee to vary certain Court·-
meaning of term
powers of. re extinguishment or variation of plan . procedure upon application to
Crown Law Officer-
consent of, required re number of lots in group titles plan . meaning of term
D
Damage policy-
body corporate to insure common property under.
meaning of term for the purposes of Part IV Div. 6 variation of. from definition.
Disputes. See also Orders: Referee: Tribunal.
appeal from tribunal to be limited appeal to court re on question of law only appeal to tribunal re-
adjournment of administration of oath re continuity of hearing of.
contempt of tribunal re copy of order re. to be served determination of
general duties of referee re general duties of tribunal re ..
grounds for notice of appeal re . who may apply for . witness may be summoned re appointment of referee re appointment of tribunal re
body corporate to display certain notice re delegation of powers of referee re orders by referee-
amendment of application for appeal against
application for. to be made to referee copy of. to be served
dismissal of application for interim order re may be varied or revoked not to be made re costs.
ss.
s.
ss.
s.
Page
28 40
57 A 76
27 (2) 39
7 (I) 16
15
5 (15) 10
5 (3) 5
5 (7) 6
5 (14) 9
5 (I) 3
5 (8) 8
5 (20) 12
5 (17) 12
5 (16) II
5 (25) 15
38A 51
32, 38B 45, 52
83, 91 85, 88
7 (I) 16
25 34
132 105
9 (6) 22
7 (I) 16
55 75
54 (I) 74
54 (2) 75
109 95
108 95
100 91
104 93
101 91
105 93
102 92
107 95
106 (5), (6) 94
106 (7) 94
106 (2) 93
106 (3), (8) 94, 95
106 (I) 93
103 92
69 80
96 90
74 82
70 80
75 (6) 82
106, 107 93, 95
72 81
95 90
75 (4) 82
76 83
75 (8) 84
75 (7) 83
Disputes-continued-
orders by referee-continued- powers of referee to make
procedure after receipt of application for . re acquisition of personal property
INDEX
re appointment of body corporate manager for certain purposes
re certain consents affecting common property re confirmation of information for roll re denial of voting rights, etc.
re granting of certain licences re invalidation of purported by-laws . re keeping of animals contrary to by-laws re keeping of animals pursuant to by-laws re making, etc., insurance claim re revocation of amendment of by-law, etc.
re revocation of resolution dispensing with audit re supply of information or documents re variation of amount of insurance provided.
re variation of anniversary of first annual general meeting of body corporate.
re variation of certain contributions re variation of contribution or payment what may be included in
when may be made withdrawal of application for orders by tribunal-
copy of to be served
general provisions when on appeal power of referee to inspect certain records re power of tribunal to investigate
representation before a tribunal re Dividing Fences Act-
body corporate to be owner of parcel re Documents-
service of, on body corporate. etc.
Easement- ancillary rights rc
creation of. etc .. by body corporate
E
creation of. re shelter of lot in building units plan to be implied re services for lots
to be implied re support for lot or building units plan . Entry-
powers of. by public or local authority Extinguishment of plan-
approval of local authority re appeal re
disposition re
notice for application of order re notification to local authority re when to occur .
First annual general meeting of body corporate amendment or revocation of resolutions appointment of proxy re
chairman's declaration of vote re counting of votes at, generally counting of votes at. re election of officers meetings of. prior to
method of casting votes at motions out of order notice of
order varying anniversary of persons entitled to vote at quorum of.
restriction on submitting motions re .
F
ss. 77, 78 s. 73 ss. 80, 81.
s. 94 79 87 92 89 90 85 86 82 88 94B 84 93 94., 83 91 75 (2), (3) 75 (I) 75 (5) 102
98 71 97 99
123
127
18 23 16 17 15
129
25 (2)-(4).
25 (5) 26 126 25A 25 (I)
29
Second Sch. Part I, cl. 14 Second Sch. Part I, cl. 15 Second Sch. Part I, cl. 13 Second Sch. Part I, cl. 12 Second Sch. Part I, cl. 11 Second Sch. Part I, cl. 16 Second Sch. Part I, cl. 8 Second Sch. Part 1, cl. 7 Second Sch. Part I, cl. 3
s. 94..-
Sccond Sch. Part I, cl. 5 Second Sch. Part I, cl. 6 Second Sch. Part 1, cl. 4
135
Page 84 81 85 89 85 86 88 87 88 86 86 85 87 90 86 89 90 85 88 82 82 82 92 91 80 91 91
101 102
27 31 26 26 26
103
35 35 37 102 37 34
41 113 113 113 112 112 113 112 112 109 90 110 Ill 110
136
Former Acts- administrators under
INDEX
continuation of bodies corporate constituted under destruction of or damage to building or extinguishment under meaning of term for the purposes of s. 5 .
recovery of contributions levied under
registration of transfers or leases of common property registrable under .
when provisions of. to be complied with rr registration of plans Former building units plan-
application of Act to
meaning of term for the purposes of s. 5 . Former by-law-
effect of
meaning of term for the purposes of s. 5 . Former common property-
application of Act to
continuation of estate or interest in meaning of term for the purposes of s. 5 . Former group titles plan-
application of Act to
meaning of term for the purposes of s. 5 . Former lot-
ap:"~lication of Act to
continuation of estate or interest in meaning of term for the purposes of s. 5 . Former parcel-
application of Act to effect of s. 62 rr
meaning of term for the purposes of s. 5 . Former plan-
application of Act to unit entitlements, etc .. on effect of lot entitlement on
meaning of term for the purposes of s. 5 . operation of s. 53 re
Former proprietor-
meaning of term for the purposes of s. 5 .
G
General meeting of committee of body corporate- amendment or revocation of resolution re appointment of proxy re
chairman to have names of persons entitled to vote at chairman to preside at
chairman's declaration of vote re convening and business of counting of votes on motions
counting of votes reelection of chairman. etc.
method of casting votes at motions out of order re.
notice of
persons entitled to vote at quorum of ..
requisition for motion to be included on agenda for scrutineers re voting at
withdrawal of voting paper Governor in Council-
may appoint referee may make regulations
may make regulations re bringing lots. etc .. under provisions of this Act
s. 5 (24) 5 (3) 5 (23) 5 (I) 5 (12) 5 (6) 5 (2)
5 (5) 5 (I) 5 (10) 5 (I) 5 (5) 5 (4) 5 (I) 5 (5) 5 (I) 5 (5) 5 (4) 5 (I) 5 (5) 5 (21) 5 (I) 5 (5) 5 (22) 5 (I) 5 (19) 5 (I)
Second Sch. Part 2. cl. 14 Second Sch. Part 2. cl. I 7 Second Sch. Part 2, cl. 9 Second Sch. Part 2, cl. 7 Second Sch. Part 2. cl. 12 Second Sch. Part 2, cl. I Second Sch. Part 2, cl. II Second Sch. Part 2, cl. I 0 Second Sch. Part 2, cl. 5 Second Sch. Part 2, cl. 4 Second Sch. Part 2, cl. I Second Sch. Part 2, cl. 2 Second Sch. Part 2, cl. 3 Second Sch. Part 2, cl. 13 Second Sch. Part 2, cl. 8 Second Sch. Part 2, cl. 6
s. 69 (I) 134
5 (26)
Page 14
5 13 3 9 6 4
6 6 3
6 13 3 6 13 3 12
122 122 120 120 122 113 121 120 119 119 113 117 118 122 120 120 80 105 15
Group titles plan. See also Plan.
insurance of common walls on
limitation on number of lots to be contained in lot entitlement re
meaning of term
INDEX
original plan re, to be amended re amalgamation of lots registration of, re amalgamation of lots
reservation of name of parcel re . subdivision of-
issue of certificate of local authority re. where non-compliance with other Act .
land re, not to be dealt with by reference to original lot local authority may make by-laws re control of lots re, to be subject to easements. etc.
original plan to be amended re
to be accompanied by prescribed fees, when lodged for registration
when requirements of former Acts to be complied with, re registration of
to be accompanied by certificate when lodged for registration to be accompanied by prescribed fees, when lodged for
registration
to be signed when lodged for registration . variation or extinguishment of what to contain
when provisior.s of former Acts to be complied with reregistration of.
I
Insurable interest of body corporate Insurance-
additional insurance by body corporate by proprietor re common wall on group titles plan insurable interest of body corporate re
moneys received by body corporate from, to be used for rebuilding .
no limitation on rights of prOprietor re of buildings and common property-
by body corporate by original proprietor of mortgaged lot
order of referee to make or pursue claims re order of referee varying amount to be provided Interim orders-
meaning of term for the purposes of s. 76
Land-
meaning of term subdivision of . Lease-
L
agreement re compliance with by-laws deemed to be contained in.
of part of common property
to become common property when acquired by body corporate Levy-
by body corporate on proprietor . Licences-
order of referee granting certain
S. 57A 9 (6) 19 (I), (2)
7 (I) II (3) II (I) 120
24 (2) 10 (9) 24 (3) 10 (4) 10 (8) 9 (16) 5 (2) 9 (12) 9 (16) 13 25
9 (2) 5 (2)
60 56 57 A
60 59 57 55 55 A
58 82 93 76 (I)
7 (I) 8
30 (4) 22 21 (4)
SS. 32, 38B s. 89
137
Page 76 22 27 16 25 25 100
32 25 33 24 25 23 4 23 23 26 34 20 4
77 76 76 77 76 76 75 75 76 85 89 83
16 19
44 29 29 45, 52 87