Queensland GOVERNMENT ~ Queensland LEGISLATION
Body Corporate and Community Management Act 1997
What is a body corporate
A body corporate is a legal entity which is created when land is subdivided and registered under the Land Title Act 1994 to establish a community titles scheme. All of the owners in a community titles scheme are automatically members of the body corporate when they buy their lot.
Our community titles scheme - Residential
What a body corporate does
The body corporate is given powers under the legislation to carry out its necessary duties.
The body corporate:
- maintains, manages and controls the common property on behalf of owners
- decides the amounts to be paid by the owners to make sure the body corporate can operate
- makes and enforces its own rules, called by-laws, which tell owners and other people who live in the scheme what they can and cannot do
- takes out insurance on behalf of owners, such as public risk insurance over the common property and building insurance
- manages and controls body corporate assets
- keeps records for the body corporate, including minutes of meetings, roll of owners details, financial accounts, registers of assets, improvements to common property by owners, engagements and authorisations.
The body corporate makes decisions about these and other things at general meetings and through the committee.
Further information about what the body corporate does please find it here:
Things you should know about owning a lot
Owning a lot in a community titles scheme brings certain obligations beyond those of owning a detached house.
You should carefully consider whether living or investing in a community titles scheme suits your lifestyle and financial needs.
When you buy a lot in a community titles scheme you are automatically a member of the body corporate.
You cannot ‘opt out’ of being a part of the body corporate.
Body corporate manager
A body corporate can engage a body corporate manager to supply administrative services to the body corporate.
At present body corporate managers are not required to be licensed in Queensland. There are no formal training requirements or qualifications needed to be a body corporate manager.
When a body corporate manager is needed
There is no legal obligation for a body corporate to have a manager. A body corporate may choose to engage a manager when:
- there is a committee—to perform some or all of the powers of the executive members of the committee to assist the committee
- there is no committee—to carry out functions in place of the committee.
Duties of a body corporate manager
In a body corporate with a committee
If a body corporate has chosen a committee, the body corporate manager is engaged to help the committee. The manager can only do what the body corporate asks them to.
The duties of the manager are contained in the written engagement entered into with the body corporate.
A manager automatically becomes a non-voting member of the body corporate committee. The voting members of the committee can ask a manager not to attend a committee meeting.
Further information is found at:
Body Corporate and Community Management Act 1997 https://www.legislation.qld.gov.au/view/html/inforce/current/act-1997-028#sec.95