Adjudication
An independent adjudicator, appointed through the Commissioner's office, looks into a dispute and makes a binding order. An order can be appealed to QCAT only on a point of law, within 6 weeks.
Administrative fund
The body corporate's everyday account. It pays the regular running costs, such as insurance, cleaning, gardening, routine repairs and management fees; anything that isn't a sinking fund item is paid from here.
Specified two-lot schemes have no funds of their own. Commercial schemes may also have a promotion fund.
Annual general meeting
The yearly meeting of all owners, which must be held within 3 months after the end of the body corporate's financial year. It deals with things like the budgets, the levies, insurance and electing the committee.
Source: Standard Module ss 81, 83
Arrears
Levies, or penalty interest on them, that are still unpaid after the due date. While your lot owes the body corporate money you generally can't vote at general meetings, except on motions needing a resolution without dissent, and the debt stays with the lot if it is sold.
Audit
An independent check of the body corporate's yearly accounts by a qualified auditor. It's needed every year unless the scheme is a basic (not layered) scheme and owners vote by special resolution not to audit that year.
Optional in Small Schemes; not required in specified two-lot schemes.
Body corporate
The legal body made up of every lot owner in the scheme, created automatically when the scheme is set up. It looks after the common property and shared assets for the owners and enforces the by-laws.
Source: BCCM Act ss 30, 31, 94
Body corporate certificate
An official statement from the body corporate about a particular lot, including what is owed on it, usually asked for when the lot is being sold. It must be given within 5 business days of a written request and the fee.
Formerly called a 'body corporate information certificate'.
Source: BCCM Act s 205(4)-(7)
Body corporate manager
A business the body corporate hires, not employs, to handle administration such as levy notices, records and meetings. In some schemes it can take over the committee's role for a limited time.
Budget
The body corporate's spending plan for the year, set separately for the administrative fund and the sinking fund. Owners vote on it at the AGM and the levies are worked out from it; a line in the budget does not by itself approve the spending.
Specified two-lot schemes have no budgets.
By-laws
The scheme's rules about using lots, common property and shared facilities, such as noise, parking, pets and smoking. They're in the community management statement, and they can't override the law, stop you selling or leasing your lot, or be unreasonable.
Source: BCCM Act ss 168, 169, 180
Caretaking service contractor
A contractor engaged by the body corporate for at least a year to look after the common property, for example cleaning and gardens, who is also the scheme's letting agent or connected to it.
Small schemes and specified two-lot schemes can't have a letting agent, so they have no caretaking service contractor.
Chairperson
The committee member who chairs committee meetings and general meetings.
Source: Standard Module ss 9, 59, 97
Committee
A small group elected at the AGM to make everyday decisions for the body corporate between general meetings. Some decisions, such as setting levies, are reserved for a general meeting of all owners.
Specified two-lot schemes have no committee. In some schemes a body corporate manager can be engaged instead of a committee for a limited time.
Common property
Everything in the scheme that isn't part of a lot, such as driveways, gardens, pools, lifts and shared hallways. All owners own it together in shares, and the body corporate manages and maintains it.
Community management statement
The scheme's recorded rulebook. It names the scheme, sets each lot's entitlements, says which regulation module applies, and contains the by-laws.
Source: BCCM Act ss 12, 66
Community titles scheme
The legal name for a strata development in Queensland: at least two privately owned lots plus shared common property, run by one body corporate under one community management statement.
Source: BCCM Act ss 9, 10, 24
Contribution entitlement
A number recorded for each lot in the community management statement that sets what share of the levies that lot pays. It's also the weight of that lot's vote if a poll is called on an ordinary resolution.
Source: BCCM Act ss 46(4), 47(2)
Discount for paying on time
A reduction owners can vote to give on a levy that is paid by its due date. It can't be more than 20% of the amount due.
Not available in specified two-lot schemes.
Source: Standard Module s 164
Dispute resolution
The government service, run by the Commissioner for Body Corporate and Community Management, for settling disagreements within a scheme. You must first genuinely try to sort it out directly; if that fails you can apply for conciliation and, if needed, adjudication.
Source: BCCM Act ch 6, ss 227–241, 248
Exclusive use by-law
A by-law that gives one lot the sole right to use a particular piece of common property, such as a courtyard, car park or storage cage. Unless it says otherwise, that lot's owner usually pays to maintain the area.
Extraordinary general meeting
Any meeting of all owners other than the AGM, usually called when a decision can't wait. Owners of at least a quarter of the lots can require one to be called.
Source: Standard Module ss 81(2), 84
General meeting
A meeting of all the lot owners. Every body corporate meeting is either the annual general meeting or an extraordinary general meeting, and owners normally get at least 21 days' written notice.
Specified two-lot schemes don't hold meetings: the two owners decide by agreement. Small schemes can decide a shorter notice period.
Interest entitlement
A second number recorded for each lot, based broadly on its value. It sets your share of the common property, and your share if the scheme is ever wound up.
Source: BCCM Act ss 46(5), 46B, 47(3)
Letting agent
The business the body corporate has authorised to run the scheme's on-site rental service. Owners can choose whether to use it.
Small schemes and specified two-lot schemes can't have a letting agent.
Source: BCCM Act s 16
Levy
Your share of the body corporate's costs. Owners set the levies each year at the AGM from the budgets, each lot's share follows its contribution entitlement, and you must get at least 30 days' written notice before each payment is due.
The legal word is 'contribution'. Specified two-lot schemes share only agreed expenses.
Lot
The part of the scheme you own individually, such as your unit, townhouse or house block, as shown on the registered survey plan. You're generally responsible for keeping it in good condition, apart from parts the law makes the body corporate responsible for.
Source: BCCM Act s 10, sch 6; Land Title Act s 49A; Standard Module s 211
Maintenance request
How an owner or resident tells the body corporate, usually through the manager, that something needs repair. It isn't a legal form, but by law the body corporate must keep common property in good condition, and owners look after their own lots.
Source: Standard Module ss 180, 211
Majority resolution
A rare, high-bar vote, used for some scheme termination steps, that passes only if more than half of all lots entitled to vote say yes in writing. Proxies can't be used, so not voting has the same effect as voting no.
Source: BCCM Act ss 107, 81D, 81E
Motion
A written proposal put to a meeting for a yes or no vote. At a general meeting a motion generally has to be on the agenda and voting paper sent out beforehand.
Source: Standard Module ss 86, 107(6)
Occupier
Anyone who lives in or runs a business from a lot, whether owner, tenant or someone else. Occupiers must follow the by-laws.
Source: BCCM Act sch 6
Ordinary resolution
A vote that passes if more lots vote yes than no; lots that abstain or don't vote aren't counted. If a voter asks for a poll, the votes are instead weighed by each lot's contribution entitlement.
Source: BCCM Act ss 108, 109, 110
Owner
The person or company registered on the title for a lot, and each co-owner. Every owner is automatically a member of the body corporate.
Source: BCCM Act sch 6, s 31
Penalty interest
Interest charged on levies paid late, if owners have voted to charge it. The rate can't be more than 2.5% a month (simple interest), and the body corporate can waive it for special reasons.
Specified two-lot schemes have no power to charge penalty interest.
Source: Standard Module ss 165, 166(6)
Plan of subdivision
The registered survey plan that creates the lots. A building format plan draws lot boundaries along walls, floors and ceilings; a standard format plan draws them on the ground. The type matters for who insures and maintains the buildings.
Under a building format plan the body corporate insures the buildings and keeps their structure sound. Under a standard format plan owners generally look after their own buildings, although the body corporate insures buildings that share a common wall with the next lot.
Source: Land Title Act ss 48B, 48C, 49; Standard Module ss 180, 198, 199
Proxy
A person you appoint on the official form to vote for you at a general meeting you can't attend. What a proxy can be used for, and how many one person may hold, depends on your scheme's regulation module.
Quorum
The minimum attendance a general meeting needs before it can decide anything: usually at least a quarter of voters, counting those who sent a proxy or voted in advance, with at least two people there in person.
A committee meeting needs at least half its voting members present, in person, online or by proxy.
Small schemes have no committee quorum rule, and different rules for adjourned meetings.
Source: Standard Module ss 60, 99, 100
Records inspection
Owners, and some others with a genuine interest such as buyers or mortgagees, can ask in writing to see or copy the body corporate's records by paying a set fee. The body corporate has 7 days to provide them.
In specified two-lot schemes an owner's first request for a particular document is free.
Regulation module
The set of regulations that runs your scheme's day-to-day rules, such as meetings, the committee, money and maintenance. The community management statement names it: Standard, Accommodation, Commercial, Small Schemes or Specified Two-lot. If none validly applies, the Standard Module does.
Resolution without dissent
A vote that passes only if no lot votes against it. A single 'no' stops it; lots that abstain don't count either way.
Source: BCCM Act s 105
Scope of works
A written description of the job to be done, so every contractor quotes on the same work. It's a working term, not a legal one.
Secret ballot
A vote where each owner's choice is kept private. You vote on a secret voting paper or electronically, never by proxy, and an independent returning officer counts the votes.
Small schemes and specified two-lot schemes don't use secret ballots.
Source: Standard Module ss 108–112
Secretary
The committee member responsible for much of the paperwork, such as meeting notices, voting papers and minutes, often with help from the body corporate manager.
Source: Standard Module ss 9, 55, 71, 88
Sinking fund
The savings account for big jobs that come round every few years, such as painting, roofing, lifts and driveways. Each year's budget sets aside a fair share of the major costs expected that year and over at least the next nine, so nobody is hit with a large one-off bill.
Specified two-lot schemes have no sinking fund.
Special levy
An extra levy owners vote on when a cost comes up that the budget didn't cover, or didn't cover fully. It's shared between lots the same way as ordinary levies.
The legal name is a 'special contribution'. Not used in specified two-lot schemes.
Source: Standard Module s 162(2), (5)
Special resolution
A stronger vote for bigger decisions. It passes only if at least two-thirds of the votes cast are yes, the 'no' votes come from no more than a quarter of all lots in the scheme, and those 'no' lots hold no more than a quarter of the scheme's total contribution entitlement.
Source: BCCM Act s 106
Tenant
Someone who rents a lot to live in under a residential tenancy agreement. For body corporate purposes a tenant is an occupier and must follow the by-laws, which form part of their lease.
Source: Residential Tenancies and Rooming Accommodation Act ss 13, 52
Treasurer
One of the three executive positions on the committee, with the chairperson and secretary. In practice the treasurer oversees the body corporate's money, while the body corporate manager usually does the day-to-day bookkeeping.
Source: BCCM Act sch 6 (executive member); Standard Module s 9
Voting paper
The form sent with the meeting notice that lists each motion and the type of vote it needs. You can fill it in and return it before the meeting instead of attending.
Small schemes use one only for some motions, and otherwise vote in a way the body corporate decides.
Source: Standard Module ss 87, 88, 105
Work order
The instruction a body corporate manager or committee gives a tradesperson to carry out work that has been approved. It's a working term, not a legal one.
These meanings are general information, not legal advice. Where a term works differently under your scheme's regulation module, the entry says so.