The Body Corporate and Community Management (Small Scheme Module) Regulation 2008 (the Small Scheme Module) applies from 30 August 2008, and generally relates to bodies corporate with 2-6 lots and of a predominantly residential nature.

Letting Agents
Complexes applying the Small Scheme Module do not retain letting agents, which reflects on the type of the complex.
Term of engagement of Body Corporate Managers
Under the Small Scheme Module, Body Corporate Managers are retained for 12 months from the date of engagement, or such lesser terms as determined by the body corporate.  Managers are, therefore, required to renew terms of appointment on an annual basis.
Meetings

Meetings of the Body Corporate are referred to “annual general meetings” or “extraordinary general meetings.”  The meetings may be called as follows:

(1)   A general meeting may be called by—

(a)   if the positions of secretary and treasurer are held by the 1 person—the person; or

(b)   if the positions of secretary and treasurer are held by 2 persons—the secretary or treasurer, if authorised by a resolution of the committee to call the particular meeting.

(2)   A general meeting may also be called by a person authorised or required to call a general meeting by an order of an adjudicator acting under the dispute resolution provisions.

Written notice of a general meeting (including the time and place of the proposed general meeting) must be given to the owner of each lot included in the community titles scheme, and if not given personally, must be sent to the owner at the owner’s address for service. If an owner changes address, they are required to lodge a Body Corporate and Community Management Form 8 (Information for body corporate roll) with the Body Corporate. If an owner fails to do so, it is at their own peril.

Seal

In Queensland, a Body Corporate will affix the seal to any document, deed or instrument or in accordance with the delegation given to the Body Corporate Manager by the Body Corporate, and the Small Schemes Module requires:

(1)   The body corporate’s seal must be kept in the custody directed by the body corporate by ordinary resolution.

(2)   The body corporate’s seal may be used only as directed or authorised by ordinary resolution.

However, if a body corporate has not resolved how the seal is to be used, the seal may be attached to a document in the presence of the secretary or treasurer and 1 other person.

If you have any questions about the structure or requirements of Queensland Body Corporate matters,  contact our team on  (07) 5574 3560 or email us info@nautiluslaw.com.au. Thank you for considering Nautilus Law Group.