Body Corporate and Community Management (Commercial Module) Regulation 2020
sec.17Restricted issues for committee [ SM, s 52 ]
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sec.17 Restricted issues for committee [ SM, s 52 ]
A decision is a decision on a restricted issue for the committee if it is a decision— 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 176 . 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. 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.17-ssec.1) A decision is a decision on a restricted issue for the committee if it is a decision— 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 176 . 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. (sec.17-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.
- (a) changing rights, privileges or obligations of the owners of lots included in the community titles scheme; or
- (b) on an issue reserved, by ordinary resolution of the body corporate, for decision by ordinary resolution of the body corporate; or Note— 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 176 .