The legislation that sets the framework for the operation of bodies corporate is the Body Corporate and Community Management Act 1997 (the Act). The Act applies to all bodies corporate, however to account for variations between schemes, bodies corporate are further classified into one of 5 regulation modules, as shown in the hierarchy table below.
The regulation module applicable to each scheme is shown on the community management statement (CMS) for that scheme. The modules are named (small schemes, commercial etc) as an indication of the type of schemes to which they apply, however the CMS must be referenced, as not all commercial properties come under the commercial module.
The regulation module that applies to the scheme contains much of the legislative detail, for example how the body corporate may make decisions. Click on any of the boxes below to view the relevant piece of legislation.
There is a statutory form that sets out some of the key operational differences between the 5 modules:
Commissioner for Body Corporate and Community Management
The Office of the Commissioner for Body Corporate and Community Management is a branch of the Department of Justice and Attorney General, responsible for the overseeing of body corporate matters. Click here to access the Commissioner’s Office website.
The Commissioner’s Office also provides an adjudication service with broad jurisdiction over body corporate matters. Some body corporate matters, including debt disputes and appeals against decisions of the adjudicator are dealt with by the Queensland court system.