sec.105Improvements to common property by body corporate— Act , s 159 [ SM, s 186 ]

sec.105 Improvements to common property by body corporate— Act , s 159 [ SM, s 186 ]

The body corporate may make improvements to the common property if— the cost of the improvements, or, if the improvements together with associated improvements form a single project for improvement of the common property, the cost of the entire project, is not more than the basic improvements limit for the community titles scheme; or the improvements are authorised by ordinary resolution and the cost of the improvements, or, if the improvements together with associated improvements form a single project for improvement of the common property, the cost of the entire project, is within the ordinary resolution improvement range for the scheme; or the improvements are authorised by special resolution; or an adjudicator, under an order made under the dispute resolution provisions, decides the improvements are reasonably necessary for the health, safety or security of persons who use the common property and authorises the improvements. However, a body corporate may not pass more than 1 ordinary resolution mentioned in subsection (1) (b) in a financial year for the body corporate. For subsection (1) , if a series of associated improvements forms a single project, the cost of any 1 of the improvements is taken to be more than the amount worked out under subsection (1) if the cost of the project, as a whole, is more than the amount. This section has effect subject to chapter 7 , part 7 . In this section— basic improvements limit , for a community titles scheme, means an amount worked out by multiplying $300 by the number of lots included in the scheme. ordinary resolution improvement range , for a community titles scheme, means an amount that is— more than the basic improvements limit for the scheme; and not more than the amount worked out by multiplying $2,000 by the number of lots included in the scheme. (sec.105-ssec.1) The body corporate may make improvements to the common property if— the cost of the improvements, or, if the improvements together with associated improvements form a single project for improvement of the common property, the cost of the entire project, is not more than the basic improvements limit for the community titles scheme; or the improvements are authorised by ordinary resolution and the cost of the improvements, or, if the improvements together with associated improvements form a single project for improvement of the common property, the cost of the entire project, is within the ordinary resolution improvement range for the scheme; or the improvements are authorised by special resolution; or an adjudicator, under an order made under the dispute resolution provisions, decides the improvements are reasonably necessary for the health, safety or security of persons who use the common property and authorises the improvements. (sec.105-ssec.2) However, a body corporate may not pass more than 1 ordinary resolution mentioned in subsection (1) (b) in a financial year for the body corporate. (sec.105-ssec.3) For subsection (1) , if a series of associated improvements forms a single project, the cost of any 1 of the improvements is taken to be more than the amount worked out under subsection (1) if the cost of the project, as a whole, is more than the amount. (sec.105-ssec.4) This section has effect subject to chapter 7 , part 7 . (sec.105-ssec.5) In this section— basic improvements limit , for a community titles scheme, means an amount worked out by multiplying $300 by the number of lots included in the scheme. ordinary resolution improvement range , for a community titles scheme, means an amount that is— more than the basic improvements limit for the scheme; and not more than the amount worked out by multiplying $2,000 by the number of lots included in the scheme.