Body Corporate and Community Management (Accommodation Module) Regulation 2020
sec.162Spending by committee [SM, s 172 ]
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sec.162 Spending by committee [SM, s 172 ]
The committee may only give effect to a proposal involving spending above the relevant limit for committee spending for the community titles scheme if— the spending is specifically authorised by ordinary resolution of the body corporate; or the owners of all lots included in the scheme have given written consent; or an adjudicator is satisfied that the spending is required to meet an emergency and authorises it under an order made under the dispute resolution provisions; or the spending is necessary to comply with— a statutory order or notice given to the body corporate; or an order of an adjudicator; or a judgment or order of a court; or an order of QCAT; or both of the following apply— the committee decides the spending is necessary to put in place a relevant policy of insurance, or to renew an existing relevant policy of insurance; the decision to put the relevant policy of insurance in place, or renew the existing relevant policy of insurance, is not a decision on a restricted issue for the committee. See section 44 (1) (c) . For this section, if a series of proposals forms a single project, the cost of carrying out any 1 of the proposals is taken to be more than the relevant limit for committee spending if the cost of the project, as a whole, is more than the relevant limit. Section 163 applies to the proposal in addition to this section if— subsection (1) (a) or (b) applies in relation to the proposal; and the proposal involves spending above the relevant limit for major spending; and the proposal does not involve spending mentioned in subsection (1) (c) or (d) . In this section— relevant policy of insurance means a policy of insurance the body corporate puts into place or maintains under chapter 8 , part 6 . (sec.162-ssec.1) The committee may only give effect to a proposal involving spending above the relevant limit for committee spending for the community titles scheme if— the spending is specifically authorised by ordinary resolution of the body corporate; or the owners of all lots included in the scheme have given written consent; or an adjudicator is satisfied that the spending is required to meet an emergency and authorises it under an order made under the dispute resolution provisions; or the spending is necessary to comply with— a statutory order or notice given to the body corporate; or an order of an adjudicator; or a judgment or order of a court; or an order of QCAT; or both of the following apply— the committee decides the spending is necessary to put in place a relevant policy of insurance, or to renew an existing relevant policy of insurance; the decision to put the relevant policy of insurance in place, or renew the existing relevant policy of insurance, is not a decision on a restricted issue for the committee. See section 44 (1) (c) . (sec.162-ssec.2) For this section, if a series of proposals forms a single project, the cost of carrying out any 1 of the proposals is taken to be more than the relevant limit for committee spending if the cost of the project, as a whole, is more than the relevant limit. (sec.162-ssec.3) Section 163 applies to the proposal in addition to this section if— subsection (1) (a) or (b) applies in relation to the proposal; and the proposal involves spending above the relevant limit for major spending; and the proposal does not involve spending mentioned in subsection (1) (c) or (d) . (sec.162-ssec.4) In this section— relevant policy of insurance means a policy of insurance the body corporate puts into place or maintains under chapter 8 , part 6 .