What is a body corporate?
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A body corporate is the legal entity automatically created when land is subdivided and registered under a community titles scheme (CTS). It is responsible for managing and maintaining common property shared by lot owners, such as apartment buildings, townhouse complexes, and other shared developments.
When you purchase a lot in a CTS in Queensland, you automatically become a member of the body corporate.
What does the body corporate do?
The body corporate is responsible for managing the shared areas and overall operation of the scheme on behalf of all owners.
Its key responsibilities include:
- Maintaining and repairing common property
- Organising building insurance for the scheme
- Managing financial accounts and budgets
- Setting and collecting body corporate levies
- Making and enforcing by-laws (rules for the scheme)
- Ensuring compliance with legislation
These decisions are made collectively to ensure the building or community is properly managed for all owners.
Who makes decisions in a body corporate?
A body corporate makes decisions in two main ways:
- At general meetings, where all lot owners can vote
- Through the body corporate committee, which is elected by owners
Each lot owner typically has one vote, and decisions are made by majority vote, depending on the type of resolution required.
No single owner can make decisions on behalf of the body corporate alone.
What is a body corporate committee?
A body corporate committee is a group of elected owners responsible for the day-to-day administration of the scheme.
The committee’s responsibilities include:
- Overseeing maintenance and repairs
- Managing financial decisions within approved limits
- Enforcing by-laws
- Implementing decisions made at general meetings
- Working with contractors and service providers
The committee acts on behalf of all owners and must operate within the legislation governing community titles schemes.
How is a body corporate funded?
A body corporate is funded by contributions from lot owners called levies.
Levies are usually divided into two funds:
- Administrative Fund – for day-to-day expenses such as cleaning, insurance, and utilities
- Sinking Fund – for long-term repairs and major works
Levies are set based on the annual budget and approved by owners at the annual general meeting (AGM).
Body Corporate FAQs
Do I have to be part of a body corporate?
Yes. If you own a property in a community titles scheme, you are automatically part of the body corporate.
Do body corporates have rules?
Yes. Body corporates have rules called by-laws that help manage how the property is used and maintained.
When is a body corporate manager needed?
A body corporate manager may be appointed to assist with administrative and compliance tasks on behalf of the committee.
While not legally required, many schemes engage a manager to help with:
- Financial administration and levy notices
- Record keeping and compliance
- Meeting administration
- Coordinating insurance and reporting obligations
The body corporate manager acts under instruction from the committee and does not make independent decisions.
What is a community titles scheme?
A community titles scheme (CTS) is the framework that allows multiple owners to privately own individual lots while sharing common property. Once a CTS is registered, a body corporate is formed to manage and maintain that shared property.
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What is a Body Corporate Special Resolution?
A body corporate special resolution is a formal voting requirement used in community titles schemes for decisions that are considered significant or high-impact.
Valid Voting Requirements for Bodies Corporate
Valid voting is essential to ensure that decisions made in a body corporate are legally sound, fair, and enforceable. Whether it’s approving a budget, electing a committee, or passing a by-law, the integrity of the voting process determines the validity of the outcome.