Property Law Noticeboard March 2021: New BCCM Regulation Modules commenced
The new modules are:
- Body Corporate and Community Management (Standard Module) Regulation 2020;
- Body Corporate and Community Management (Accommodation Module) Regulation 2020;
- Body Corporate and Community Management (Small Schemes Module) Regulation 2020; and
- Body Corporate and Community Management (Commercial Module) Regulation 2020.
The Body Corporate and Community Management (Specified Two-lot Schemes Module) Regulation 2011 was also amended.
The Regulation Modules introduce a number of significant changes including:
- Facilitation of electronic voting on all motions and ballots, including secret ballots, in a general meeting. Documents may be given to a lot owner electronically with their agreement.
- Lot owners will be entitled to submit a maximum of six motions in a 12-month period to the committee, which is required to make a decision within six weeks. This period can be extended by a further six weeks in certain circumstances.
- A body corporate will be required to include on the agenda of its second AGM a motion to decide whether to have a building defects assessment carried out.
- Committee members will be ineligible to vote on committee motions or in a committee meeting if (i) as a lot owner they owe a body corporate debt, or (ii) if not a lot owner - the owner who nominated them owes a body corporate debt. This will require a body corporate to keep more extensive financial and nomination information in the records.
- A ‘motion with alternatives’ has been replaced with a new concept for the grouping of same-issue motions. Votes can now be cast on all motions grouped together because they deal with the same issue, and the motion that receives the most votes in favour will be the body corporate’s decision.
- A body corporate may change the required quorum for a general meeting to as low as 10%.
- A person may hold a power of attorney to vote on behalf of only one other person, unless they are a family member, or it is a power of attorney given to the original owner under sections 211 or 219 of the BCCM Act.
- Body corporate managers and caretaking service contractors will now be required to disclose the monetary amount of any commission, payment or other benefit received before the body corporate decides to enter into a contract for the supply of goods or services (ie insurance).
- The documents an original owner (developers) must provide to bodies corporate to support effective management of community titles schemes have been expanded.
- The ability of a body corporate manager authorised under section 119(2) of the BCCM Act to exercise some or all of the powers of the secretary has been clarified. This means the body corporate secretary can be authorised to receive documents or information that ordinarily must be given to the secretary.