North Coast Body Corporate - Powers & Duties

Powers and Duties of the Chairperson

In many instances the Act does not nominate who is to carry out a particular duty. The following is a suggested list of tasks
a chairperson may be expected to perform. The chairperson's role is to conduct meetings. It involves no executive
authority to act on behalf of the committee.

GENERAL DUTIES

Must assist if asked to do so by an adjudicator.
To accept a notice, legal process or other documents.
May appoint a proxy for a committee meeting.
May be required to seal documents with the body corporate seal.

FOR COMMITTEE MEETINGS

Calls committee meetings in the absence of the secretary.
Ensures that committee meetings are held to prepare the agenda for each general meeting.
Ensures that restricted matters are not dealt with at committee meetings
Is aware of the spending limits and authorisations imposed on the committee.
Ensures that the meeting deals with the agenda items
Accepts other matters raised at the meeting for consideration.
Chairs the meeting, if present at the meeting
Declares whether or not a quorum is present.
Does not have a casting vote at a committee meeting.
Only proceeds to a vote if a quorum is present.
Deals with any conflicts of interest

REQUESTED COMMITTEE MEETINGS

In the absence of the secretary, acknowledges receipt of the request for a meeting.
Calls a requested committee meeting in the absence of the secretary.

FOR GENERAL MEETINGS

The chairperson does not have a casting vote at a general meeting.
Calls general meetings in the absence of the secretary.
Chairs the general meeting.
Knows who can vote.
Puts proxies before meeting for admittance.
Rules motions out of order if necessary.
Gives reasons for the ruling.
Accepts procedural motions and puts motions to correct the minutes.
Determines whether or not a quorum is present.
Adjourns a meeting for lack of a quorum.
If present in person is part of a quorum at an adjourned meeting.
Accepts written voting papers at a general meeting.
Decides whether a ballot should be taken to ensure an accurate count of votes cast at general meetings.
Submits to general meetings only business set out in the meeting agenda and in voting papers.
Conducts the ballot on a motion if the committee recommends that a motion be decided by a secret ballot.
Declares the results of voting at meeting.
When declaring the results of voting, states the votes for, against and abstained.
In certain circumstances accepts amendments to motions proposed at the meeting.
Accepts motions to change the insurance arrangements.

This document is an edited extract from
A Layman's Guide to the Body Corporate and Community Management Act 1997 (Standard Module Regulation) with 2003
Amendments, Published 2003 by Layman Sales, Queensland

Powers and Duties of the Secretary

In many instances the Act does not nominate who is to carry out a particular duty. The following is
may be expected to perform. When a body corporate manager has been appointed to carry out day-to-day matters, the secretary is
still responsible for the duties set out in the Act.

SECRETARY'S GENERAL DUTIES

Arranges time and place for an inspection of the records by "interested persons", except for material which may be
reasonably considered to be defamatory.
Provides copies of a record, except for material which may be reasonably considered to be defamatory.
Issues body corporate information certificates.
Must assist if asked to do so by an adjudicator.
Accepts a notice, other legal process, other documents.
May only give a proxy with the committee's approval
Receives notices where "relevant persons" (and associates) are goods or services providers, or they are entitled to receive a
commission or benefit
Accepts from owners quotes and tenders for proposed major work.
If required, arranges to make available the body corporate's accounts and records or records of selected projects, for audit.
When authorised by the committee, arranges insurance for -

assets and common property,
buildings,
buildings with common walls,
any voluntary insurance scheme,
public risk.

Prepares insurance claims.
May be required to seal documents with the body corporate seal.

FOR COMMITTEE MEETINGS

Calls committee meetings.
If the meeting is a requested meeting, acknowledges receipt of the request, calls the meeting.
Sends out notices for meetings.
Advises owners of any committee meeting -

f) by placing a copy of the meeting notice on the notice board (if there is one) and,
g) by giving a copy to owners who wish to receive one.

Receives objections from members about the meeting location.
Prepares the meeting notice and the agenda.
Receives completed proxy forms.
Prepares the motion paper for a committee decision proposed to be taken outside of a meeting, gives a copy of the
proposed motion(s) to members, accepts their replies.
Takes the meeting minutes.
Keeps records of the outcome of any decision taken outside of a meeting.
Advise owners of the committee decisions -

h) if there is no notice board - by giving a copy of the committee resolution to each owner, or
if there is a notice board ... by placing a copy of the committee resolution on the notice board, and giving a copy to owners.

FOR GENERAL MEETINGS

Ask owners to submit committee nominations and motions
Receives committee nominations and proposed motions.
Acknowledge receipt of committee nominations.
Calls general meetings.
Obtain quotes or tenders for major expenditure when the project is proposed by the committee.
Gives copies of meeting notices and attachments to all lot owners.
Receives objections from owners about the meeting location '
Composes and circulates the agenda prepared by the committee for general meetings.
Accepts an owner's explanatory note about a motion proposed by them, the note must be sent with the agenda.
a suggested list of tasks a secretary
Advises owners the new location (if any) of an adjourned general meeting.
Accepts written voting papers from voters.
Accepts completed proxy forms.
At a general meeting has ready for inspection -

the body corporate's roll.
list of the persons entitled to vote,
all proxy votes and voting papers.

Takes the minutes of general meetings.
Distributes the minutes of general meetings.
Accepts the notice from owners for a "requested general meeting" (EGM).
Acknowledges receipt of request for an EGM.
At the first AGM and afterwards, accepts documents from the original owner.
Holds copies of construction plans, certificates about the scheme, service location diagrams.
Accepts completed proxy forms for general meetings.

NOTICES, RECORDS AND REGISTERS | About an owner representative

Ensures they are entitled to act, and
Records their name, address and details in the Roll.

About a corporate nominee

Accepts notice of nomination,
Accepts a nomination change,
Records their name, address and details in the Roll.

About the nominee of a corporate owner

Accepts notice of nomination,
Accepts a nomination Change,
Records their name, address and details in the Roll.

Accepts notices and details to be noted in the Roll from-

A person who becomes an owner of a lot.
A lot owner about a lease.
A lot owner about letting or leasing the lot.
A mortgagee who enters into possession.
Accepts notices about change of address.
Accepts the claim from a mortgagee in possession of the right to vote.

Maintains the body corporate registers

Roll of lots and entitlements.
Register of body corporate assets.
Register of engagements and authorisations.
Register of authorisations affecting the common property.
Register of allocations under exclusive use by-law
Maintains a record of the insurance policies taken by the body corporate.
Keeps or disposes as authorised, committee and general meeting records, and the other records, notices, orders,
agreements and correspondence of the body corporate.
Allows authorised person access to records.

BODY CORPORATE SEAL

Maintains custody of the seal.
May be required to seal documents with the body corporate seal.

Powers and Duties of the Treasurer

In many instances the Act does not nominate who is to carry out a particular duty. The following is a suggested list of tasks
a treasurer may be expected to perform.
Where a body corporate manager has been appointed to carry out day-to-day matters, a treasurer is still responsible for
the duties set out in the Act. The treasurer should ensure all payments are authorised by the committee.

GENERAL DUTIES

Assists the secretary in preparing a "body corporate information certificate".
Must assist if asked to do so by an adjudicator.
Pays authorised remuneration, allowances or expenses to a committee member.
May only give a proxy with the approval of the committee.
Calculates the amount due to the body corporate for approving the transfer of a service contractor or letting
agent contract
Prepares budgets for the -

administrative fund,
sinking fund, and
special contributions.

Calculates the contributions to be levied for the -

administrative and sinking funds,
special contributions,
any interim contribution.

Prepares and sends levy notices to owners.
Calculates the amount of -

any discount allowed,
any penalty if charged.

Takes action to recover unpaid contributions, instalments or penalties.
Allocates monies received to contributions, instalments or penalties, and debt recovery costs.
Ensures monies received are -

paid correctly into either the administrative or sinking fund; and
paid into bank accounts held solely in the name of the body corporate.

Invests any surplus funds in term deposits.
Makes payments only from the body corporate bank account.
If authorised by the body corporate, borrows funds.
Keeps the books of account and accounting records including -

a)cash-book, bank deposit book, and cheque book, invoices, accounts, other documents
keeps the accounting records for the administrative and sinking funds,

Reconciles the bank accounts with the body corporate books.
Prepares statements of accounts, and has them audited if required by the body corporate.
Charges owners for -

supply of certain services,
work done on behalf of owners,
any payments due under exclusive use by-laws.

Calculates the amount each owner is to pay for insurance premiums, and any excess on insurance payouts.

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