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©State of Queensland

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Department of Justice,

Brisbane, 18th September, 1980.

THE Deputy Governof, for and on behalf of His Excellency the Governor, acting by and with the advice of the Executive Council and in pursuance of the provisions of the Building Units and Group Titles Act 1980, hereby makes the following Regulations.

w.

D. LICKISS.

PART I-PRELIMINARY

1. Short title and commencement. (1) These Regulations may be cited as the Building Units and Group Titles Regulations 1980.

(2) These Regulations --shall come into operation on the date upon which the Act comes into operation.

2. Interpretation. In these Regulations unless the context or subject matter otherwise indicates or requlres-

(a) a reference· to a· section, schedule' or· clause: of ^3: sche-dule is a reference to a section, schedule or clause of a schedule of the Building Units and Group Titles Act 1980;

(b) a reference to a Form is a reference to a Form contained in the Schedule to these Regulations.

3. Forms. (1) The forms set forth in the Schedule hereto shall be the prescribed forms for the purposes fOf which they are respectively applicable, provided th·at no such Form shall be deemed invalid if it is to the effect of the respectively proper Form in the said Schedule with such modifications as the circumstances may require.

(2) Where a Form prescribed by these.: Regulations.. require.&

completion by the insertion of particulars or other matters referred to in the Form, those particulars or other matters are prescribed as the particulars or other matters required under the provisions of this Act for the purpose for which the Form is prescribed.

(3) A Form prescribed by the Regulations shall be completed in accordance with such directions as are specified in the Form as so prescribed.

·Published in Queensland Government GazetIe,. date.d 20th September, 1980,) Vol. CCLXV, No. 11, pages 165-206.

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4. Arrangement of Regulations. These Regulations are arranged in Parts and a Schedule as follows:-

PART !-PIlELIMINARY (Regulations 1-6);

PART II-PLANS (Regulations 7-10);

PART III-INSTRUMENTS (Regulations 11-19);

PART IV-ELECTIONS (Regulations 20-21);

PART V-FEES (Regulations 22-24);

PART VI-GENERAL (Regulations 25-41).

SCHEDULE.

s.

Repeals. The Regulations referred to hereunder are repealed:- The Building Units Titles Regulations, 1965.

Group Titles Regulations 1974.

6. Transitional. (1) The provisions of section 39 (3) (b) apply to the last notice of a change of ownership in respect of a particular lot given under clause 1 (f) of the First Schedule of the Building Units Titles Act 1965-1972 or clause 1 (f) of the First Schedule of the Group Titles Act 1973 before the commencement of the Act as if that notice had been given under section 53 (2) or (9).

(2) The provisions of section 53 (10) apply to a notice of a change of ownership required to be given under clause 1 (f) of the First Schedule of the Building Units Titles Act 1965-1972 or clause 1 (f) of the Group Titles Act 1973 before the repeal of those Acts, but which is not so given, as if that notice was a notice which may be given under section 53 (2) or (9) and which is not so given.

PART II-PLANS

7. Registers of plans. (1) The Registrar of Titles shall keep a register of building units plans in which shall be recorded the following particulars of each building units plan and building units plan of resubdivision or amalgamation lodged in his office pursuant to the Act:-

(a) the number of the plan;

(b) the number of lots comprised in the plan;

(c) the name of the building;

(d) the name of the relevant local authority; and (e) the name of the party lodging the' plan.

(2) The Registrar of Titles shall keep a register of group titles plans in which shall be recorded the following particulars of each group titles plan and group titles plan of resubdivision or amalgamation lodged in his office pursuant to the Act:-

(a) the number of the plan;

(b) the number of lots comprised in the plan;

(c) the name of the parcel;

(d) the name of the relevant local authority; and (e) the name of the party lodging the plan.

(4)

8. Requirements for registration. (1) Every building units plan, group titles plan, building units plan of resubdivision or amalgamation, group titles plan of resubdivision or amalgamation and notice of conversion lodged in the office of the Registrar of Titles for registration shall comply with the following requirements:-

(a) It shall be prepared on one side of water-marked tub-sized azure laid ledger paper which contains not less than 60 per cent. rag fibre and which is of not less substance than 113 grammes per square metre (22· 7 kilogrammes per 500 sheets of double demy (510 millimetres X 790 millimetres»

and of not less bursting strength than 3· 5194 grammes per square centimetre (with a tolerance of 20 per cent.). The paper shall not be creased and shall be free from discoloura- tion or blemishes, shall measure 395 millimetres in length by 255 millimetres in width and shall have clear margins on the face of each sheet of not less than 40 millimetres on the left-hand side and not less than 15 millimetres on the right-hand side, at the top and at the bottom;

(b) In the case of a building units plan, it shall comprise- (i) a first sheet in Form 1 on which is set out material

complying with section 9 (1) (b), (g) and (h);

(ii) a second sheet on which is set out material complying with section 9 (1) (a);

(iii) a third sheet in Form 2 on which is set out the certificate of a licensed surveyor referred to in section 9 ( 8) ( a) ; (iv) a fourth sheet in Form 3 on which is set out the certificate

of the local authority referred to in section 9 ( 7) ; (v) where pursuant to the provisions of section 9 (8) (b)

such a certificate is required, a fifth sheet in Form 6 on which is set out the certificate of an architect, a building surveyor or a building inspector, as the case may be, as referred to in that section;

(vi) a fifth or sixth sheet, as the case may be, in Form 8 on which is set out the schedule (being a schedule of lot entitlements) requireod by section 9 (1) (f); and

(vii) further sheets in Form 9 on which is set out material complying with section 9 (1) (c), (d) and (e);

(c) In the case of a group titles plan, it shall comprise- (i) a first sheet in Form 1 on which is set out material

complying with section 9 (2) (b), (g) and (h);

(ii) a second sheet on which is set out material complying with section 9 (2) (a), (c), (d) and (e), all bearings and dimensions of each lot and the common property, and the identity of the lands a'djacent to the parcel;

(iii) a third sheet in Form 2 on which is set out the certificate of a licensed surveyor referred to in section 9 (12);

(5)

(iv) a fourth sheet in Form 3 o·n which is set out the certificate of the local authority referred to in section 9 (7);

(v) a fifth sheet in Form 7 on which is set out the certificate of a valuer referred to in section 19 (3); and

(vi) a sixth sheet in Form 8 on which is set out the schedule (being a schedule of lot entitlements) required by section 9 (2) (f);

(d) In the case of a building units plan of resubdivision, it shall comprise-

(i) a first sheet in Form 1 on which is set out material complying with section 9 (1) (b~, (g) and (h);

(ii) a second sheet on which is set out material complying with section 9 (1) (a);

(iii) a third sheet in Form 2 on which is set out the certificate of a licensed surveyor referred to in section 9 ( 8 ) ( a ) ; (iv) a fourth sheet in Form 3 on which is set out the certificate of the local authority referred to in section 9 ( 7 ) , and evidencing the approval of the local authority referred to in section 10 (1);

(v) where pursuant to the provisions of section 9 ( 8) (b) such a certificate is required,a fifth sheet in Form 6 on which is set out the certificate of an architect, a building surveyor or a building inspector, as the case may be, as referred to in that section;

(vi) a fifth or sixth sheet, as the case may be, in Form 8 on which is set out the schedule (being a schedule of lot entitlements) which, subject to the provisions of section

10 (5) or (6) (a), complies with section 9 (1) (f);

(vii) where pursuant to section 10 (6) (b) a certificate under thee seal of the body corporate is required, a sixth or seventh sheet, as the case may be, in Form lIon which is set out the certificate referred to in that section which certificate in addition evidences the approval referred to in the second proviso to section 10 (I); and

(viii) further sheets in Form 9 on which is set out material complying with section 9 (I) (c), ('d) and (e);

(e) In the case of a group titles plan of resubdivision, it shall comprise-

(i) a first sheet in Form 1 on which is set out material complying with section 9 (2) (b)" (g) and (h);

(ii) a second sheet on which is set out material complying with section 9 (2) (a), (e), (d) and (e), all bearings and dimensions of each lot and the common property, and the identity of the lands adjacent to the parcel;

(iii) a third sheet in Form 2 on which is set out the certificate of a licensed sU'Tveyor referred to in section 9 (12);

(6)

(iv) a fourth sheet in Form 3 on which is set out the certificate of the local authority referred to in section 9 (7), evidencing the approval of the local authority merred to in section 10 (1);

(v) a fifth sheet in Form 7 on which is set out the .certificate of a valuer referred to in section 19 (3);

(vi) a sixth sheet in Form 8 on which is set out the schedule (being a schedule of lot entitlements) which, subject to the provisions of section 10 (5) or (6) (a), complies with section 9 (2) (f); and

(vii) where pursuant to section 10 (6 ) (b) a 'certificate under the seal of the body corporate is require~ a seventh sheet in Form lIon which is set out the certificate referred to in that section which certificate in addition evidences the approval referred to in the second proviso to section 10 (1);

(f) In the case of a building units plan of amalgamation, it shall comprise-

(i) a first sheet in Form 1 which-

(A) bears a statement containing such particulars as may be necessary to identify the title to the parcel;

(B) has endorsed upon it the name of the building; and (C) has endorsed upon it the address at which documents

may be served on the body corporate in accordance with section 127;

(ii) a second sheet which delineates the external surface boundaries of the parcel and the location of the building in relation thereto;

(iii) a third sheet in Form 3 on which is set out a certificate of the local authority evidencing the approval referred to in section 11 (1) ;

(iv) a fourth sheet in Form 8 on which is set out the lot entitlement of the Jot resulting from the amalgamation;

and

(v) further sheets in Form 9 which-

(A) include a drawing illustrating the lot and distinguishing the lot by a number;

(B) define the boundaries of the lot by reference to floors, walls and ceilings, provided that it shall not be necessary to show any bearing or dimensions of the lot; and (C) show the approximate floor area of the lot;

(7)

(g) In the case of a group titles plan of amalgamation, it shall comprise-

(i) a first sheet in Form 1 which-

(A) bears a statement containing such particulars as may be necessary to identify the title to the parcel;

(B) has endorsed upon it the name of the parcel; and (C) has endorsed upon it the address at which documents

may be served on the body corporate in accordance with section 127;

(ii) a second sheet which-

(A) delineates the external surface boundaries of the parcel and the location of the lot resulting from the amalgamation and the common property in relation thereto;

(B) delineates the lot and distinguishes the lot by a number;

(C) delineates tfJe common property;

(D) shows the area of the lot and of the common property;

and

(E) shows all bearings and dimensions of the lot;

(iii) a third sheet in Form 3 on which is set out a certificate of the local authority evidencing the approval referred to in section 11 (1); and

(iv) a fourth sheet in Form 8 on which is set out the lot entitlement of the lot;

(h) In the case of a notice of conversion, it shall comprise- (i) a first sheet in Form 10 on which is set out the notice ofconversion being the notice referred to in section 12 (1);

(ii) a second sheet in Form 12 on which is set out a c, rtificate of the body corporate evidencing the unanimous resolution referred to in section 12 (1);

(iii) a third sheet in Form 4 on which is set out a certificate of the local authority evidencing the approval referred to in section 12 (1); and

(iv) a fourth sheet in Form 8 on which is set out the schedule (being a schedule of lot entitlements) complying with the provisions of section 19 and referred to in section 12 (4) (b);

(i) Each sheet shall be endorsed in the top right-han'd corner

"Sheet no. of sheets", and shall be signed by the town or shire clerk of the local authority;

(8)

(j) A diagram intended to comply with the requirements of section 9 (1) (a), or 9 (2) (a), (c), (d) and (e), shall be drawn with the north point directed upwards and shall be to a scale, indicated thereon, which will admit of all details and notations being clearly shown. The diagram shall establish the precise location of the building, or the lots and the common property, as the case may be, with respect to the parcel by showing offsets and/or dimensions to the boundary of the parcel but in the case of a building units plan or a building units plan of resubdivision or amalgamation no other dimensions with respect to the building shall be necessary.

(k)-

(i) In the case of a building units plan or a group titles plan, the lots shall be numbered consecutively, commencing with lot 1 and terminating with a lot numbered to correspond to the total number of lots comprised in the plan;

(ii) In the case of a building units or group titles plan of resubdivision or amalgamation the Jots shall be numbered consecutively, the lowest lot number being greater by one than the highest number of any lot in the original plan;

and

(iii) In the case of every such plan, where a numbered lot is shown as consisting of separate parts, each part shall be described as part of that numbered lot;

(1)-

(i) In respect of a schedule in Form 8 (being a schedule of lot entitlements) a column of not less than 40 millimetres in width shall be preserved to the immediate right of such schedule to enable insertion of references to the certificates of title to be issued in respect of the lots in the plan to which the schedule relates, and the vertical interval between each item in the schedule and the next shall be not less than 10 milJimetres;

(ii) A schedule of lot entitlements shal1-

(A) set out in a vertical column or columns and in numerical sequence the numbers of the lots;

(B) set out opposite the lot numbers and in a column or columns, as the case may be, as whole numbers, the proposed lot entitlements of the respective lots;

(C) show at the foot of the last column of lot entitlements the aggregate lot entitlement (being the numerical total of the proposed lot entitlements of all lots); and (D) where in the case of a building units plan a building is divided horizontally into more than one level, have set out opposite each lot number the level of that lot;

(9)

fm) Where typewriting is employed, a dense black non-copying record ink shall be used and the lines of typewriting shall not overlap. Neither a carbon copy nor a copy in which the typewritten characters blur or spread, or are liable to mark or damage an adjacent sheet, shall be employed;

(n) Handwriting and any iinprint of a seal shall be clear and legible and in permanent black non-copying ink;

(0) Printing, writing or drawing shall not extend into any margin;

(p)-

(i) Any alterations involving de'letion shall be made by striking through the matter intended to be deleted and not by rubbing, scraping or cutting the surface of the paper;

(ii) Every alteration to a sheet shall be authenticated by- (A) in the case of an alteration to a sheet which is signed

by a registered proprietor, that registered proprietor;

(B) where the alteration concerns the definition of a lot boundary, the surveyor and the clerk of the local authority; and

(e) where the alteration affects the proportional lot enitle- ment of any lot in a group t-itles plan or a group titles plan of resubdivision, the valuer;

(q) In the case of a building units plan or a building units plan of resubdivision or amalgamation, a floor plan prepared for the purpose of complying with section 9 (1) (d) shall be drawn with the north point directed upwards and shall be of a size which will admit of all details and notations being clearly shown.

(2) For the purpose of section 9 (1) (b) or 9 (2) (b), the parcel comprised in a plan shall be defined by reference to the relevant certificate of title or deed of grant and shall be further defined by the description of the parcel.

(b)

indicate the name and postal address of the registered proprietor and the name and a·ddress of the party by whom the plan was lodged; and

be produced by hand at the office of the Registrar of Titles and be accompanied by-

(i) in the case of a building units plan or group titles plan, the certificate of title or deed of grant for the parcel;

9. Further requirements for registration. Every building units plan, group titles plan, building units plan of resubdivision or amalgamation, group titles plan of resubdivision or am.algamation. and notice .of c?n- version lodged in the office of the RegIstrar of TItles for registratIon shall-

(a)

(10)

(ii) in the case of a building units plan of resubdivision or amalgamation or a group titles plan of resubdivision or amalgamation, the certificate of title for each lot comprised in that plan; and

(iii) in the case of a notice of conversion, the certificate of title for each lot comprised in the notice.

10. MaDDer of registration. When registering a building units plan of resubdivision or amalgamation, group titles plan of resubdivision or amalgamation or notice of conversion the Registrar of Titles shall- (a) endorse on the original plan and- on the certificates of title of the lots the subject of the resubdivision, amalgamation or conversion a notification thereof signed by him;

(b) indicate by appropriate charting on the diagram on the original plan illustrating the lots or common property or lots and common property the subject of the resubdivision, amalgamation or conversion that such lots or common property or lots and common property have been resub- divided, amalgamated or converted; and

(c) in the case of an amalgamation, amend the schedule of lot entitlements endorsed on the original plan by striking out the reference in the schedule to the lots that have been amalgamated and their entitlements and recording thereon the amalgamated lot and its entitlement.

PART III-INSTRUMENTS

11. Instruments to comply with certain requirements. The requirements specified in regulation 8 (1) (a), (m), (n), (0) and (p) (i) with respect to every plan as referred to in regulation 8 (1) and every notice of conversion, shall in addition apply to all other instruments lodged with the Registrar of Titles for the purposes of the Act or these regulations.

12. Certificate by local autholity. A certificate by a local authority issued pursuant to the provisions of section 25 (4) (b) and lodged pursuant to the provisions of seftion 26 (1) (b), shall be in Form S.

13. Certificate by body corporate. A certificate by the body corporate given pursuant to--

(a) section 21 (2) (b) shall be in Form 13;

(b) section 22 (8) shall be in Form 14; and (c) section 23 (5) or 26 (6) shall be in Form 15.

14. Notification of extinguishment. A notification of the extinguishment of a plan given by the body corporate pursuant to section 26 (1) shall be in Form 16.

(11)

15. Notification of chaDge of By-laws. A notification given by the

body

corporate pursuant to section 30 (3) shall be in Form 17.

. .16. Notice of change of address. A notice of change of address for serVIce of notices on a body corporate given pursuant to section 34 (2) (b) shall be in form 18.

17. Manner of registration of certain dealings. F or the purposes o~ sections 22 (11) (a) , (b ) and ( c ) and 23 (7 ) the Registrar of TItles shall endorse a memorial signed by bim of the memorandum of

!ransfer, lease, sub-lease, surrender or transfer of lease or sub-lease, or Instrument creating or surrendering an easement on a sheet annexed to the first sheet Qf the registered plan.

t8. Production of certain certificates of tide not necessary• Upon lodgment pursuant to section 21 (2) or 22 (10) at the office of the Registrar of Titles of a plan of subdivision under the Real Property Acts of common property comprised in a registered plan it shall' not

~ necessary to produce to the Registrar of Titles the certificates of tItle for the lots comprised in such registered plan.

19. MalUler of entry of. notification of extinguishment on plan. For the purposes of section 26 12), the Registrar of Titles shall endorse a

me~orial signed by bim of the extinguishment of the plan and of the vesting of the parcel in the proprietors on a sheet annexed to the first sheet of the registered plan.

PART IV-ELECTIONS

20. Procedure at first 8nnual general meeting etc. The procedure for nomination and election of chairman, secretary and treasurer of the body corporate and other members of a council-

(a) at the first annual general meeting of a body corporate;

(b) at a meeting referred to in section 5 (7) (a) (i); or (c) at an extraordinary general meeting of a body corporate

convened pursuant to section 42 (5), shall be in accordance with the following Rules:-

1. The meeting shall determine, in accordance with the requirements ol.s.ection 42 (4), the number of persons of whom the council shall consist.

-2. The chairman of the meeting shall call upon those persons present and entitled to nominate candidates (as determined by clause 4 of Part 1 of the Second Schedule) to nominate candidates for election as chairman, secretary and treasurer of the body corporate and other members of the council.

3. A nominatiol1 is ineffective unless supported by the consent of the nominee to his nomination, given-

(a) in writing, and furnished to the chairman at the meeting;

,"or

(b) orally, by the nominee who is present at the meeting.

(12)

4. The election of chairman, secretary and treasurer of the body corporate, and the other members of the council shall be conducted separately and when no further nominations are forthcoming in respect of each election the chainnan-

(a) where there is only one nomination in respect of anyone or more of the offices of chairman, secretary or treasurer, shall declare the candidate has been elected as the chairman, secretary or treasurer, as the case may be;

(b) where the number of candidates in respect of other members of the council equals the number of other members of the council as determined in accordance with section 42 ( 4 ), shall declare that those candidates have been elected as the other members of the council:

(c) where there is more than one candidate in respect of anyone or more of the offices of chairman, secretary or treasurer, shall direct that a ballot be held for the office in respect of which there is more than one candidate; and

( d) where the number of candidates in respect of other members of council exceeds the number of other members of the council as determined in accordance with section 42 (4),

shall direct that a ballot be held.

5. In respect of each ballot held the chairman shall-

( a) announce the names of the candidates and, in the case of each candidate, whether he is a proprietor or, if not, by whom he was nominate.d;,and.

(b) cause to be furnished to each person present and entitled to vote a blank paper, in respect of each lot in respect of which he is entitled to vote, for use as a ballot-paper.

6. A person who is entitled to vote shall complete a valid ballot paper by-

( a ) in the case of the election of the chairman, secretary or treasurer, writing thereon the name of a candidate;

(b) in the case of the, election of the other members of the council, writing thereon the names of candidates, equal in number to the number of other members~ of the council- determined in accordance with section· 42' (4)', so that no name is repeated;

(c) indicating thereon the number of each lot in respect of which his vote is cast and whether he so votes as proprietor or first mortgagee of each such lot or as proxy of the proprietor or first mortgagee;

(d) endorsing his signature thereon; and (e) returning it to the chairman.

7. The chainnan, or a person appointed by him,~ shall c.ount the votes recorded on valid ballot-papers in favour of each candidate.

(13)

8. Subject to Rule 9, in the case of the election of the other members of the council, candidates, being equal in number to the number of other members of the council determined in accordance with section 42 (4), who receive the highest numbers of votes shall be declared elected to the council.

9. Where the number of votes recorded in favour of any candidate is the lowest of the numbers of vo~es referred to in Rule 8 and-

(a) that number equals the number of votes recorded in favour of any other candidate; and

(b) if each of those candidates were to be declared elected the number of persons elected would exceed the number of persons required to be elected,

as. between those candidates, the election shall be decided by a show of han-ds of those present and entitled to vote.

21. Procedure at annual geDerai meeting other than first. the procedure for nomination and election of chairman, secretary and treasurer of the body corporate and other members of a council at an annual general meeting of a body corporate (other than at its first annual general meeting) shall be in accordance with the following Rules:-

1. Nominations of candidates for election as chairman, secretary and treasurer of the body corporate and other members of the council shall be furnished to the secretary of the body corporate not later than twenty- one days before the commencement of the period, referred to in clause 1 (1) of Part 2 of the Second Schedule, within which the body corporate is required to hold its annual general meeting.

2. Nominations of candidates for election as chairman, secretary and treasurer of the body corporate and other members of the council shall be invited by the secretary of the body corporate by serving a notice on each proprietor of a lot.

3. A notice referred to in Rule 2 -

(a) shall be served not later than 14 days before the date by which nominations are required to be furnished to the secretary under Rule 1; and

(b) may be served in the manner prescribed for service of notices or other documents in section 127 ( 3 ) .

4. A nomination furnished under Rule 1 shall not be included in the ballot-paper referred to in clause 1 (5) (c) of Part 2 of the Second Schedule unless the nominator is a person entitled to nominate candidates for election to the council and the nomination-

(a) nominates a person eligible for election in accordance with section 42 (6);

(b) specifies the full name of the candidate, and whether he is a proprietor; and

(c) is signed by the candidate and the nominator.

(14)

5. Where more than one nomination for any position has been furnished in respect of the same candidate that candidate's name shall be listed once only on each ballot-paper required to be prepared under Rule 6.

6. Where, on the expiry of the period for receipt of nominations for election as chairman, secretary or treasurer of the body corporate or other members of the council, the number of nominations received by the secretary of the body corporate in any case is more than the number required to be elected the secretary shall prepare ballot-papers listing in descending alphabetical order in eac.h case the candidates whose names have been submitted pursuant to Rule 1 and indicating whether each candidate is a proprietor or, if not, by whom he was nominated.

7. Where, on the expiry of the period for receipt of nominations for election as chairman, secretary or treasurer of the body corporate or other members of the council, the number of nominations received by the secretary of the body corporate in any case is equal to the number of persons required to be elected that candidate or those candidates, as the case Dlay be, shall, at the annual general meeting, be declared to have been duly elected.

8. Where, on the expiry of the period for receipt of nominations for election as chairman, secretary or treasurer of the body corporate or other members of the council, the number of nominations received by the secretary of the body corporate is in any case less than the number of persons required to be elected-

(a) the council shall nevertheless convene the annual general meeting;

(b) the procedure at the meeting, so far as concerns the election with respect to such case shall be in accordance with regulation 20 as if that meeting were a first annual general meeting.

9. Each ballot-paper prepared under Rule 6 and required to be forwarded under clause 1 (5) (c) of Part 2 of the Second Schedule shall indicate the number of members ,of the council determined by the body corporate under section 42 (4) and shall be accompanied by an envelope marked "ballot-paper", addressed to the secretary of the body corporate.

1

o.

Any person entitled and who wishes to furnish a ballot-paper pursuant to clause 5 (b) of Part 2 of the Second Schedule shall-

(a) strike out names of candidates for whom he does not wish to vote until the number of names remaining equals the number required to be elected; and

(b) endorse his signature on the ballot-paper.

11. (1) A ballot-paper completed under Rule 8 shall, prior to being furnished to the secretary of the body corporate, be sealed in the envelope referred to in Rule 9 and the voter shall endorse his signature on the envelope.

(15)

(2) The envelope furnished under subparagraph (1) shall not be opened until all votes cast pursuant to Rule 13 have been collected.

12. Upon the item of business for election of the chairman, secretary and treasurer of the body corporate and other members of the council arising at the meeting the chairman shall cause ^to be distributed to each person pres~nt and entitled to vote (other than persons who have furnished written ballot-papers) a ballot-paper prepared in accordance with Rule 6.

13. Any person entitled to vote and present at the meeting who wishes to exercise his vote in res'pect of the election of chairman, secretary and treasurer of the body corporate and other members of the council shall-

(a) strike out fronl his ballot-paper the names of candidates for whom he does not wish to vote until the number of names

remaining equals the number required to be elected; and (b) endorse his signature on the ballot-paper.

14. The chairman, or a person appointed by him, shall count the votes recorded in favour of each candidate on the ballot-papers furnished to the secretary of the body corporate under Rule 11 (1) and also those ballot-papers completed at the meeting.

15. Subject to Rule 16 in the case of the election of the other members of the council, candidates, being equal in number to the number of other members of the council determined in accordance with section 42 (4), who receive the highest numbers of votes shall be declared elected to the council.

16. Where the number of votes recorded in favour of any candidate is the lowest of the numbers of votes referred to in Rule 15 and-

(a) that number equals the number of votes recorded in favour of any other candidate; and

(b) if each of those candidates were to be declared elected the number of persons elected would exceed the number of persons required to be elected,

as between those candidates, the election shall be decided by a show of hands of those present and entitled to vote.

PART V-FEES

22. Fees payable to Registrar of Titles. (1) In respect of any matter for which a fee is prescribed by Order in Council under the provisions of section 140 of the Real Property Act 1861-1980 then subject to this regulation, such fee shall be payable as jf prescribed by these Regulations.

(2) The lodgment fee on any dealing executed by the body corporate pursuant to the powers conferred by section 21, 22, 23 or 26 shall be assessed as if such deali.ng related to the land comprised in a single certificate of title.

(16)

32.00

16.00 50.00

2.00 0.40 5.00 32.00

32.00 16.00 (3) The following fees shall be paid to the Registrar of Titles in respect of the several matters hereinafter referred to:-

$ (i) On lodgment for registration of a building units plan,

group titles plan, building units plan of resubdivision or amalgamation or group titles plan of resubdivision or amalgamation

And, in addition, for each additional lot exceeding nine shown thereon

(ii) On lodgment ·of 'a notice of conversion

(iii) For every copy of a plan furnished pursuant to section 14-

for first four sheets for each additional sheet

(iv) On lodgment of request to re.gister an order varying a building units plan ..

(v) On lodgment of a notification of extinguishment of a

plan 32.00

(vi) On lodgment of a notification of change of by-laws.. 32.00 (vii) On lodgment of notice of change of address . . 6.00 (viii) On lodgment of a copy of an order referred to in

section 112 (b)

(ix) Application for reservation of name ..

(x) Application for extension of period of reservation of name ..

(xi) On lodgment of any other n,otice or document required

by this Act 6.00

23. Fees payable to referee. (1) The following fees shall be paid to

a referee in respect of the several matters hereinafter referred to:- (i) On lodgment of an application for exemption pursuant

to section 41 ..

( ii) On lodgment of an application for the making of an order by a referee other than an appli'::3tion referred to in item (iii) below

(iii) On lodgment of an application. for the making of an order under section 77 (1) in which 3 request for an interim order under section 76 (2) is made by the applicant

(iv) For the purposes of section 103 (2) for the issue of a summons

(v) On lodgment of a notice of appeal under section 106 (vi) for the provision of a notice in writing in respect of

an enquiry made pursuant to section 117- for the first four sheets of the notice for each additional sheet ..

$ 10.00

10.00

30.00 10.00 10:00

2.00 0.40

(17)

(2) If in the opinion of a referee an applicant or appellant is unable to pay the prescribed fee in respect of an application or notice of appeal made or lodged under Part V of the Act, he shall remit that fee.

24. Fees payable to body corporate. For the purposes of section 40, the following fees shall be paid to a body corporate in respect of the several matters herein-after referred to:-

$ (i) For informing an a-pplicant with respect to the matters

referred to in section 40 (1) (a) · . . 3.00 (ii) For making available for inspection the records,

documents or by-laws referred to in section 40 (1)

(b) 3.00

(iii) For issuing a certificate in accordance with section

40 (1) (c) .. 10.00

(iv) With respect to the furnishing, in accordance with section 40 (1) (d), of acopy of the by-laws, for each page furnished (provided that the body corporate may require the payment of an:^p lesser sum than the sum

here prescribed) 0.40

PART _VI~ENERAL

25. Retention of records etc. (1) For the purposes of section 5 ( 14) the prescribed period shall be a period of six years commencing on the appointed day.

(2) For the purpose of section 38 (1) (g) the prescribed period shall be a period of six years commencing-

(a) in the case of Dlinutes of a body corporate, on the day when those minutes were recorded; and

(b) in the case of books of account of a body corporate, on the day when a statement of those accounts was submitted to an annual general meeting.

26. Prescribed investment. A prescribed investment for the purposes of section 37 (1) (a) shall be an investment in a registered society under the Building Societies Act 1886-1976, by way of deposit or share subscription.

27. Fonn of roll under section 39 (3). That part of the roll on which the body corporate records information with respect to a lot in accordance with the provisions of section 39 (3) shall be in Form 19.

28. Application to body corporate under section 40. (I) An application made to a body corporate in pursuance of the provisions of section 40 (1) shall be in Form 20 and the information and certification for the purposes of section40 (1) (a) and (c) respectively shall be provided by the body corporate on that application.

(18)

(2) Notwithstanding the provisions of regulation 3,

(a) where an application referred to in subregulation (1) departs from Form 20, that departure shall not of itself affect the validity of that application; and

(b) where the form of any information or certification provided by a body corporate for the purposes of section 40 (1) (a ) and (c) respectively departs from Form 20, that depanure shall not of itself constitute a failure of the body corporate to comply with the provisions ·of section 40 (1).

29. Application for exemption. An application for exemption from certain provisions of the Act pursuant to section 41 (2) shall be in Form 21.

30. Grounds for application for exemption. For the purposes of section 41 (2) the prescribed grounds shall be:-

( a) a proprietor who was a permanent resident has sold his lot to a non-resident proprietor who does not oppose the application;

(b) a proprietor who is a permanent resident is the owner of more than one lot in a plan;

(c) a proprietor is a corporation; and

(d) all non-resident proprietors have notified the body corporate in writing that they do not oppose the application.

31. Restriction on expenditure by council. The amount to be applied in determining the maximum expenditure which a council may undertake pursuant to section 47 (1) shall be $25.

32. Notices to body corporate under section 53. A notice given to a body corporate pursuant to a provision of section 53 shall be in accordance with that form of notice in Form 22 as shall apply to the subject matter of the notice.

33. Request for summons. A request for the issue of a summons pursuant to section 103 (1) shall be in Form 23 and shall be lodged with a referee.

34. Form of summoDS. A summons issued pursuant to section 103 (1) shall be in Form 24.

35. Form of inquiry. An inquiry pursuant to section 117 concerning an application to, or an order made by, a referee shall be in Form 25.

(19)

36. Classes of order. For the purposes of paragraph (a) (ii) of section 117 the prescribed classes of order shall be all orders made by

a referee in respect of-

( a) a bOdy corporate or its council;

(b) a managing agent;

(c) a proprietor or occupier of the particular lot the subject of the inquiry;

( d) a proprietor or occupier of any other lot in that parcel within the period of twelve months preceding the date of lodgment of the inquiry..

37. Application for reservation of name. An application for the reservation of a name pursuant to section 120 (1) shall be in Form 26 and shall be lodged at the office of the Registrar of Titles.

38. Manner of reservation of name. (1) For the purposes of section 120 (2) the Registrar of Titles shall with respect to the reservation of the name of a buildin.g in a proposed building units plan, record that name and the date of the lodgment of the application in a register kept solely for that purpose.

(2) For the purposes of section 120 (2) the Registrar of Titles shall with respect to the reservation of the name of a parcel in a proposed group titles plan, record that nam~ and the date of the lodgment of the application in a register kept solely for that purpose.

39. Notice of general meeting. (1) A notice of a general meeting of a body corporate, other than the first annual general meeting, shall be in Form 27.

(2) Notwithstanding the provisions of regulation 3, where a notice referred to in subregulation (1) departs from Form 27 that departure shall not of itself affect the validity of the notice.

40. Requirements of application or notice of appeal. The requirements of regulationS (1) (m), (n) and (p) (i) shall apply to an application or notice of appeal lodged with the referee as if it were a plan or notice of conversion as referred to in regulation 8, and any alteration shall be authenticated by the applicant or appellant.

41. Offences. (1) Any person (including a body corporate) who contravenes or fails to comply with any pt:ovision of these Regulations commits an offence against -these Regulations and shall be liable on conviction to a penalty not exceeding $200.

(2) An offence against these Regulations shall be prosecuted in 3

summary way under the Justices Act 1886-1980.

(20)

SCHEDULE

Building Units and Group Titles Act 1980

BUILDING UNITS AND GROUP TITLES REGULATIONS 1980 (Fonn J)

Regulation 8 (1).

Sheet No. 1 of

I

/

sheets.

Registered

Registrar of Titles.

Shire(or Town) Clerk.

t

Council

t Folio Name of • building/parcel :

·BUlLDING UNITS PLAN NO./GROUP TITLES PLAN No.

-BUILDING UNITS PLAN/GROUP TITLES PLAN Of ·RESUBDIVISIONNo.

AMALGAMATION No.

on -Building Units Plan No.

·Resubdividing/Amalgamating Lots /Group Titles Plan No.

Signature of Registered Proprietor:

Name ofRegistered Proprietor:

Address:

Reference to Title: Volume Description of Parcel:

County:

Parish:

City:

Name ofBodyCorporate:

The Proprietors

(huert name of building or parcel)

• BuildiIJg Units Plan No. /Group Titles Plan No.

Address at which documents may beserved:

• Building Units Plan No./Group Titles Plan No.

• Building Units Plan/Group Title! Plan of Resubdivision No.

Amalgamation No.

• Delete those words which are inapplicable.

t

Insert name of local authority.

(21)

BUILDING UNITS AND GROUP TITLES REGULATIONS 1980 (Form 2)

Regulation 8 (1).

Sheet No. 3 of sheets.

·BUILDING UNITS PLAN NO./GROUP TITLES PLAN No.

·BUILDING UNITS PLAN/GROUP TITLES PLAN OF RESUBDIVISION No.

I, ,of , licensed surveyor registered under the Sur,,'eyors Act1911-1978 hereby certify that-

·1. (a) The building shown on the ·building units plan/building units plan of resubdivision to which this certificate is annexed is within the external surface boundaries ofthe parcel the subject of the said plan subject to paragraph (b) of this certificate;

(b)-

(i)Where eaves or guttering project beyond such boundaries an appropriate easement has been granted as an appurtenance of the parcel; and

(ii)Where that projection is over a road the local authority has consented thereto pursuant to the ordinances or by-laws as the case may be.

·2. I have faithfully and truly surveyed, measured and marked on the ground the boundaries of the lots and of the common property shown on the ·group titles plan/group titles plan of resubdivision to which this certificate is annexed; The measurements and boundaries given in that ·group titles plan/group titles plan of resubdivision are correct and comply with the standards of accuracy set forth in regulation 32 'under the provisions of the Surveyors Regulations 1978.

Dated this day of , 19 ,;

Licensed Surveyor.

Shire(orTown) Clerk.

tCouncil -Delete those words which are inapplicable.

tInsert name of local authority.

Regulation 8 (I).

Sheet No. of

·BUILDING UNITS PLAN NO./GROUP TITLES PLAN No.

·BUILDING UNITS PLAN/GROUP TITLES PLAN OF ·RESUBDIVISION No.

AMALGAMATION No.

sheets.

CERTIFICATE OF LOCAL AUTHORITY

tCouncii hereby certifies that the proposed ·subdivision/resubdivision/

amalgamation of the ·parcel/lotsjcommon property/lots and common property at illustrated in the abovementioned plan has been approved by the tCouncil and that all the requirements of the •Local Go~ernment Act 1936-1979/City of Brisbane Act 1924-1977/City of Brisbane Town Planning A~t 1964-1.979 _~s !!,odified by the Building Units and Group Titles Act 1980 have been complied With In regard to the

·subdivision/resubdivisionjamalgamation.

Dated this day of ,19 .

(Sea]) tCouncil .Delete those words which are inapplicable.

tInsert name of local authority

(22)

Regulation 8 (1) (h) (iii).

Sheet No. 3 of4 sheets.

-BUILDING UNITS PLAN No. /

GROUP TITLES PLAN No.

tCouncil hereby certifies that conversion to common property of -lot/lots No. in ·Building Units Plan No. /Group Titles Plan No.

has been approved by the tCouncil and that aU the requirements of the Local Government Act 1936-1979/City of Brisbane Act 1924-1977/City ofBrisbane Town Planning Act 1964-1979 as modified by the Building Units and Group TitleJ Act 1980have been complied withinregard to the conversion.

Dated this day of ,19 •

(Seal) fCouncil

• Delete whichever is inapplicable.

t Insert name of local authority.

Building Units and Group Titles Act1980

BUILDING UNITS AND GROUP TITLES REGULATIONS 1980 (Form S)

Regulation 12.

tCouncil ^t having approved of the extinguishment of Group Titles Plan No. hereby certifiest in pursuance of section 25 (4)(b) of the Building Units and Group Titles Act 1980, that the requirements of Council have been complied with and that a plan of subdivision pursuant to Section 2S (3) (b) of that Act ·jsJis not required.

Dated this day of • 19 •

(Seal) tCouncil - Delete whichever is inapplicable.

(23)

• Delete those words whichareinapplicable.

Building U,;its and Group Titles Act 1980

BUTLU'ING UNITS AND GROUP TITLES REGULATIONS 1980 (Form 6)

Regulation 8 (I).

.Sheet No. Sof sheets.

·BUILDING UNITS PLAN NO./BuILDING UNITS PLAN OF RESUBDIVISION No.

I, ,of

·an architect within the meaning of the Architects Act 1962-1911,

·a building surveyor appointed by the tCoun~il

·a building inspector appointed by the tCouncil

hereby certify that the building shown on the ·building units plan/building units plan of resubdivision to which this certificate is annexed has been substantially completed in accordance with plans and specifications approved by ·the tCouncil /a designated officer of the tCouncii

Dated this day of ,19 .

• Architect/Building surveyor/Building inspector Shire(or Tow,,)Clerk.

fCouncil

BUILDING UNITS AND GROUP TITLES REGULATIONS 1980 (Form1)

Regulation 8 (I).

Sheet No. 5 of sheets.

·GROUP TITLE.~ PLAN No. /GROUP TITLES PLAN OF REsUBDIVISION No.

I, ,of , a valuer registered underthe provisions ofthe Valuers Registration Act 1965-1979 do hereby certify that set forth in the following schedule ismyopinionas to the unimproved value,andthelotentitlement, of each lot contained in the ·group titles plan/group titles plan of resubdivision to which this certificate is annexed.

SCHEDULE

t I"sert ftarne of local authority.

Lot

Aggregate

Dated this day of

Unimproved Value

• 19 .

Lot Entitlement

Registered Valuer.

Shire(or Town) Ckrk.

tCouncil

(24)

Building UnitsandGroup Titles Act 1980

BUILDING UNITS AND GROUP TITLES REGULATIONS 1980 (Form8)

Regulation8 (I).

Sheet No. of sheets

-BUILDING UNITS PLAN No. /GROUP TITLES PLAN No.

-BUILDING UNITS PLAN/GROUP TITLES PLAN OF -RESUBD(VL~IONNo. /

AMALGAMATION No.

-NOTICE OF CoNVERSION

SCHEDULE OF LoT ENTITLEMENTS AND REFERENCE To CURRENT CERTIFICATE OF TITLE

Current C'sT. Current C'sT.

Lot No. ·Level Entitlement Lot No. _{• Level} Entitlement

Vol. Fol. Vol. Fol.

- -

Aggregate

I

^Aurea.te

I f

Registered Proprietor.

tCouncii - Delete those words(or columns)which are inapplicable.

-BUIL.DING UNITS PLAN No.

No. /AMALGAMATION No.

LEVEL.

Regulation8 (I).

Sheet No. of sheets.

/BUILDING UNITS PLAN OF -RESUBDIVlstON

(Include drawing in this space) Floor areas are approximate only.

Signature of Registered Proprietor:

Scale:

tCouncil

(25)

·BUILDING UNITS PLAN No. /

Regulation 8 (1) (h) (i).

Sheet No. 1of4 sheets.

NOTICE OF CONVERSION

I, , of • being the registered proprietor of the lot hereunder described hereby notify the Registrar of Titles pursuantto section 12 of the Building Units and Group Titles Act 1980 that the following lot has been converted into common property.

Description-Lot No. in ·Building Units Plan No. /Group Titles Plan No. contained in certificate of title, volume folio

Dated this day of • 19 .

Registered proprietor.

tCouncil

*Delete whichever is inapplicable.

Building Units and Group Tilles Act 1980

Regulation8 (1).

Sheet No. of sheets.

CERTIFICATE OF BODY CORPORATE The Proprietors-

(insert name of building or parcel)

-Building Units Plan No. /Group Titles Plan No. hereby certifies in pursuance of sections 10 (1) and 10 (6) (b) of theBuilding Units and Group Titles Act 1980 that it has by unanimous resolution approved the resubdivision of

·common property/Jots and common propertyin -Building Units Plan No. / Group Titles Plan No. and agreed to each proposed Jot entitlement and tbe proposed aggregate shown in the schedule of Jot entitlements forming part of the plan of resubdivision.

The Common Seal of The Proprietors-(inserl name of bUilding or parcel) -Building Units Plan No. /Group Titles Plan No. was hereunto affixed on the in the presence of

- Members of the Council/

Managing Agent.

fCouncil

* Delete whichever is inapplicable.

(26)

·Members of the Counciij Managing Agent.

tCouncil Building Units and Group Titles Act1980

Regulation 8 (1) (h) (ii).

Sheet No. 2 of 4 sheets.

CERTIFICATE OF BODY CORPORATE

The Proprietors (insert name of building or parcel) ·Building Units Plan No.

/Group Titles Plan No. hereby certifies in pursuance of section 12 (1)of theBuilding Units and Group Titles Act 1980that it has by unanimous resolution approved the conversion into common property of lot No. in ·Building Units Piau No. /Group Titles Plan No. contained in Certificate

of Title, Volume ^t Folio

The Common Seal of the Proprietors--{insert name 0/ building or parcel) -Building Units Plan No. /Group Titles Plan No. was hereunto affixed on the in the presence of

t Insert name oflocalauthority.

Regulation 13 (a).

The Proprietors--{insert name# of building or parcel) -B~ilding ^{Units Plan} ~o.

/Group Titles Plan No. hereby certifies In pursuance of _~tlon 21 (2) (b) of the Building Units and Group Titles Act 1980 that It has by unanimous resolution accepted a-transfer jlease of(insert description of land) from (insert name of transferor or lessor).

The Common Seal of The Proprietors--{insert name of building or parcel) *Building Units Plan No.' /Group Titles Plan No. was hereunto affixed on the in the presence of

-Members of the Council/

Managing Agent.

(27)

Building Units and Group TillesAC/1980

Regulation 13(b).

The Proprjetors--(i~rtname of building or parcel) -Building Units Plan No.

/Group Titles Plan No. hereby certifies in pursuance of section 22 (8) of the Building Units and Group Titles Act 1980 that it has duly passed a -unanimous /special resolution to -execute/accept a *transfer/lease/sub-lease/transfer of leasel surrender of leaseof(insert description ofthe land and the number ofthe leaseifapplicable) -to/from (inserl nome of transferee, lessee or sub-lessee) that the instrument above referred to conforms with the terms of the resolution and that all necessary consents have been given.

The Common Seal of The Proprietor-(insert name of building or parcel) -Building Units Plan No./Group Titles Plan No. was hereunto affixed on the

in the presence of

Managing Agent.

* Delete whichever is inapplicable.

Bui/ding Units and Group Titles Act 1980

BUILDING UNITS AND GROUP TITLFS REGULATIONS 1980 (Form IS)

Regulation13(c).

The Proprietors--(insert name of building or parcef) ·Building Units Plan No.

/Group Titles Plan No. hereby certifies in pursuance of section .23 (5)/26 (6) of the Building Units and Group Titles Act 1980 that it has duly passed a unanimous resolution to ·execute/accept/surrender *a grant of easement/the surrender of a grant of easement/ memorandum of transfer with respect to (jns~rt

description of the land and the number of the easemmt ifapplicable) -in favour off from/to (insert flame of grantee, grantor or tramferee) and all necessary consents have been given.

The Common Seal ofThe Proprietors--(insert name0/bllilding or parcel) ·Building Units Plan No. /Group Titles Plan No. was hereunto affixed on the in the presence of

*Members of the Council/

Managing Agent.

-Delete whichever is inapplicable.

(28)

Regulation 14.

NOTIFICATION OF EXTINGUISHMENT OF PLAN

The Proprietors--(insert name 0/ building or parcel) -Building Units Plan No.

/Group Titles Plan No. ^t hereby notifies in pursuance of section 25 (1) of the Building Units and Group Titles Act 1980 that the said plan has been extinguished.

- A certified copy of the unanimous resolution of the body corporate referred to in section 25 (1) (a) (i) of the said Act;

• An office copy of an order made by the Court pursuant to section 25 (1) (a) (ii) of the said Act;

-The certificate of the local authority referred to in section 26 (1) (b) of the said Act;

-A plan of subdivision referred to in section 26 (1)(b) of the said Act, -is/are produced herewith.

The Common Seal of The Proprietors-(insert name0/building or parcel) ·Building Units Plan No. /Group Titles Plan No. was hereunto affixed on the in the presence of

Managing Agent.

• Delete those words which are inapplicable.

BUILDING UNITS AND GROUP TITLES REGULATIONS 1980 (FDrm 17)

Regulation 15.

NOTIFICATION OF CHANGE OF BY-LAWS

The Proprietors--(insert name 0/ building or parcel) ·Building Units Plan No.

/Group Titles Plan No. hereby certifies that in pursuance of the provisions of section 30 of the Building Units and Group Titles Act 1980, by ·special resolution/resolution without dissent duly passed on the -the by-laws in force in respect of the parcel referre<;t to in the said plan were amended, -added to, or repealed asfollows:-

(Set out terms of resolution)

The Common Seal of The Proprietors--(insert name0/building or parcel)·Building Units Plan No. /Group Titles Plan No. was hereunto affixed on the in the presence of

Managing Agent.

(29)

*Members of the Council/

Managing Agent.

Regulation 16.

NOTICE OF CHANGE OF ADDRESS

The Proprietors--(insert name 0/ building or parcel) *Building Units Plan No.

/Group Titles Plan No. hereby certifies that in pursuance of the provisions of section 34 of the Building Units and Group Titles Act 1980 it has in general meeting held on decided that the address, as recorded on the registered plan, for the service of notices on itbechanged to

The Common Seal of The Proprietors--(insert name0/building or parcel)*Building lTnits Plan No. /Group Titles Plan No. was hereunto affixed on the

in the presence of