Long awaited legislative changes come to fruition ! 

On 1 March 2021 . . . . 

 . . . the Body Corporate and Community Management (Standard Module) Regulation 2020 will replace the existing Standard Module regulation from 2008.

The government has amended the regulation to:

• modernise body corporate procedures
• reduce body corporate costs
• enhance protection for unit owners.

The new Standard Module includes several changes to committee membership, elections and procedures for meetings.

Changes include:

• Committee membership —including voting, nominations, and engaging a body corporate manager in place of a committee
• Committee meetings —including motions, committee decisions, voting and attendance (electronic or by an owner or representative)
• General meetings —including quorums, power of attorney, grouping same-issue motions, voting electronically, changes to early annual meetings, and proxies for layered schemes

There will also be changes to other administrative matters :

Disclosure of benefits

Before a body corporate decides to enter into a contract (including insurance), the body corporate manager and the caretaking service contractor for the scheme will need to disclose any associated:

• commission
• payment
• other benefit, including the amount of the benefit if is monetary.

Insurance

The committee will be able to spend above the limit for committee spending to put in place or renew an insurance policy, if it is not a restricted issue.

The committee will need to supply 2 insurance quotes if the cost of the insurance policy is above the major spending limit for the scheme.

Information about the body corporate insurance policy provided at the annual general meeting will have to include details of any insurance broker or intermediary involved with the policy.

Electronic communication

Address for service

Your address for service for the body corporate roll might now include your email address.

If you give your email address to the body corporate as a part of your address for service, you will be consenting to receive all documents from the body corporate by email.

If you have previously given your email address to the body corporate, this email address will be your address for service.

Giving of documents

Documents that the body corporate is required to give you (e.g. general meeting agendas) or you give the body corporate (e.g. request to inspect body corporate records) will be able to be provided:

• in person
• by sending to your ‘address for service’ (including your email address)
• in a way agreed to by you and the body corporate (e.g. a portal).

Serving documents on the secretary

If an owner must give a document or information to the secretary, they will be able to give it to a body corporate manager instead if the manager is authorised by the body corporate to exercise some or all of the powers of the secretary.

Body corporate roll

Owner responsibility

You will be required to update your details with the body corporate for the body corporate roll within 1 month (previously 2 months) after:

• you become the owner of a lot
• a lease or sublease is entered into for 6 months or more
• you engage a person to rent out   your lot
• the engagement of a person renting your lot is terminated
• as a mortgagee, you enter into possession of a lot (i.e. when it is repossessed)

Body corporate responsibility

The body corporate will have to record the information required for the roll within 14 days of receiving the information.