sec.44Restricted issues for committee [SM, s 52 ]

sec.44 Restricted issues for committee [SM, s 52 ]

A decision is a decision on a restricted issue for the committee if it is a decision— fixing or changing a contribution to be levied by the body corporate; or changing rights, privileges or obligations of the owners of lots included in the community titles scheme; or on an issue reserved, by ordinary resolution of the body corporate, for decision by ordinary resolution of the body corporate; or Issues reserved, by ordinary resolution of the body corporate, for decision by ordinary resolution of the body corporate, must be recorded in a register—see section 219 . that may only be made by resolution without dissent, special resolution, majority resolution or ordinary resolution of the body corporate; or to start a proceeding, other than— a proceeding to recover a liquidated debt against the owner of a lot; or a counterclaim, third-party proceeding or other proceeding in relation to a proceeding to which the body corporate is already a party; or a proceeding for an offence under chapter 3 , part 5 , division 4 of the Act ; or a prescribed chapter 6 proceeding; or to pay remuneration, allowances or expenses to a member of the committee unless, under section 45 , the decision is not a decision on a restricted issue for the committee. In this section— prescribed chapter 6 proceeding — means a proceeding, including a proceeding for the enforcement of an adjudicator’s order, under chapter 6 of the Act ; but does not include an appeal against an adjudicator’s order. (sec.44-ssec.1) A decision is a decision on a restricted issue for the committee if it is a decision— fixing or changing a contribution to be levied by the body corporate; or changing rights, privileges or obligations of the owners of lots included in the community titles scheme; or on an issue reserved, by ordinary resolution of the body corporate, for decision by ordinary resolution of the body corporate; or Issues reserved, by ordinary resolution of the body corporate, for decision by ordinary resolution of the body corporate, must be recorded in a register—see section 219 . that may only be made by resolution without dissent, special resolution, majority resolution or ordinary resolution of the body corporate; or to start a proceeding, other than— a proceeding to recover a liquidated debt against the owner of a lot; or a counterclaim, third-party proceeding or other proceeding in relation to a proceeding to which the body corporate is already a party; or a proceeding for an offence under chapter 3 , part 5 , division 4 of the Act ; or a prescribed chapter 6 proceeding; or to pay remuneration, allowances or expenses to a member of the committee unless, under section 45 , the decision is not a decision on a restricted issue for the committee. (sec.44-ssec.2) In this section— prescribed chapter 6 proceeding — means a proceeding, including a proceeding for the enforcement of an adjudicator’s order, under chapter 6 of the Act ; but does not include an appeal against an adjudicator’s order.