A body corporate can engage a body corporate manager to perform administrative services for the body corporate.
If your body corporate does have a CMS, read more about the role of a body corporate manager in that case.
A body corporate is not required to have a manager. However, a subsidiary body corporate registered under a group title plan or building unit plan or higher-level bodies corporate can choose to engage a body corporate manager.
Body corporate managers don’t need to be licensed in Queensland. There are no formal training requirements or qualifications needed to be a body corporate manager.
Engaging a body corporate manager
A body corporate can engage a body corporate manager by passing a motion at a general meeting. There must be a written agreement (contract) outlining:
- the terms and conditions of the engagement
- the powers, duties and functions delegated to the body corporate manager.
The body corporate manager is automatically a ‘non-voting member’ of the committee, unless they are a principal or primary thoroughfare body corporate manager under the Sanctuary Cove Resort Act 1985 (SCR Act) or Integrated Resort Development Act 1987 (IRD Act).
It is also possible for a body corporate manager to be elected as an executive member of the committee.
Length of engagement in higher-level bodies corporate
Within the first 3 years of the body corporate being created, a community or precinct body corporate under the Mixed Use Development Act 1993 (MUD Act) can’t engage a body corporate manager for more than 3 years.
A principal or primary thoroughfare body corporate under the SCR Act or IRD Act can only engage a body corporate manager for a maximum term of 3 years.
Duties
The duties of a body corporate manager can depend on what powers the body corporate has delegated to them and the terms of the contract.
A body corporate may choose to engage a manager to:
- perform some or all of the powers of the executive members of the committee and/or to assist the committee
- carry out functions in place of the committee
or
- be elected as an executive member of the committee.
The contract and relevant meeting minutes will tell you what duties your body corporate manager has been engaged to do and what powers have been delegated to them.
The manager is often authorised to perform or assist with the duties of secretary, chairperson and treasurer including:
- calling committee and general meetings
- sending out levy notices and by-law contravention notices
- sending out the minutes of meetings
- managing the body corporate’s money
- receiving voting papers.
The committee’s powers are not lessened by the authority given to the manager. Executive members of the committee can still act within their authority (e.g. the secretary can still call a committee meeting if asked to do so).
A body corporate manager cannot:
- delegate powers that are delegated to them
- make decisions on restricted matters for the committee.
Restricted matters include:
- setting or changing a body corporate levy
- changing the rights, privileges or obligations of lot owners
- decisions that must be made by unanimous resolution, resolution without dissent, special resolution or at a general meeting of the body corporate.
Code of conduct
There is no code of conduct for body corporate managers for subsidiary bodies corporate under the Building Units and Group Titles Act 1980.
A body corporate manager for a higher-level body corporate must follow the code of conduct.
Find the code of conduct for a:
- community or precinct body corporate under the MUD Act (schedule 3)
- principal or primary thoroughfare body corporate under the
Terminating an engagement
The body corporate needs to consider the terms of the contract when deciding to terminate the contract with a body corporate manager.
A decision to terminate the body corporate manager’s contract is usually made at a general meeting.
Our office does not have jurisdiction over contractual disputes and can’t answer questions about the contract. Your body corporate can seek legal advice about terminating the body corporate manager’s appointment.
Higher-level bodies corporate
A community, precinct, principal or primary thoroughfare body corporate under the MUD Act, SCR Act or IRD Act can terminate a service contractor’s engagement or letting agent’s authorisation for:
- engaging in misconduct
- being grossly negligent (i.e. extremely careless) in carrying out their functions under the engagement
- failing to perform duties as required under the engagement
- failing to comply with the code of conduct.
Before terminating the agreement, the body corporate must issue a remedial action notice.
The remedial action notice must state:
- that the person has not met their obligation in a way mentioned above
- specific details that identify the issue (e.g. the duties not carried out)
- a notice period (no less than 14 days) for them to remedy (i.e. resolve) the issue
- that if they do not comply with the notice within the period, the body corporate can terminate the engagement.
If the body corporate manager does not comply with the remedial action notice, the body corporate can decide to terminate the engagement. The decision to terminate the body corporate manager must be made at a general meeting.
