sec.17

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— 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 145 . that may only be made by resolution without dissent, special 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 the secretary or treasurer, unless the decision— is made under the authority of an ordinary resolution of the body corporate; or is for the reimbursement of expenses of not more than $50. 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— 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 145 . that may only be made by resolution without dissent, special 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 the secretary or treasurer, unless the decision— is made under the authority of an ordinary resolution of the body corporate; or is for the reimbursement of expenses of not more than $50. (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) fixing or changing a contribution to be levied by the body corporate; or
• (b) changing rights, privileges or obligations of the owners of lots included in the community titles scheme; or
• (c) 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 145 .
• (d) that may only be made by resolution without dissent, special resolution or ordinary resolution of the body corporate; or
• (e) to start a proceeding, other than— (i) a proceeding to recover a liquidated debt against the owner of a lot; or (ii) a counterclaim, third-party proceeding or other proceeding in relation to a proceeding to which the body corporate is already a party; or (iii) a proceeding for an offence under chapter 3 , part 5 , division 4 of the Act ; or (iv) a prescribed chapter 6 proceeding; or
• (i) a proceeding to recover a liquidated debt against the owner of a lot; or
• (ii) a counterclaim, third-party proceeding or other proceeding in relation to a proceeding to which the body corporate is already a party; or
• (iii) a proceeding for an offence under chapter 3 , part 5 , division 4 of the Act ; or
• (iv) a prescribed chapter 6 proceeding; or
• (f) to pay remuneration, allowances or expenses to the secretary or treasurer, unless the decision— (i) is made under the authority of an ordinary resolution of the body corporate; or (ii) is for the reimbursement of expenses of not more than $50.
• (i) is made under the authority of an ordinary resolution of the body corporate; or
• (ii) is for the reimbursement of expenses of not more than $50.
• (i) a proceeding to recover a liquidated debt against the owner of a lot; or
• (ii) a counterclaim, third-party proceeding or other proceeding in relation to a proceeding to which the body corporate is already a party; or
• (iii) a proceeding for an offence under chapter 3 , part 5 , division 4 of the Act ; or
• (iv) a prescribed chapter 6 proceeding; or
• (i) is made under the authority of an ordinary resolution of the body corporate; or
• (ii) is for the reimbursement of expenses of not more than $50.
• (a) means a proceeding, including a proceeding for the enforcement of an adjudicator’s order, under chapter 6 of the Act ; but
• (b) does not include an appeal against an adjudicator’s order.