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Body Corporate and Community Management (Standard Module) Regulation 2020
sec.172Spending by committee
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### sec.172 Spending by committee
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 52 (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 173 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.172-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 52 (1) (c) .
(sec.172-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.172-ssec.3) Section 173 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.172-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 .
- (a) the spending is specifically authorised by ordinary resolution of the body corporate; or
- (b) the owners of all lots included in the scheme have given written consent; or
- (c) 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
- (d) the spending is necessary to comply with— (i) a statutory order or notice given to the body corporate; or (ii) an order of an adjudicator; or (iii) a judgment or order of a court; or (iv) an order of QCAT; or
- (i) a statutory order or notice given to the body corporate; or
- (ii) an order of an adjudicator; or
- (iii) a judgment or order of a court; or
- (iv) an order of QCAT; or
- (e) both of the following apply— (i) 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; (ii) 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. Note— See section 52 (1) (c) .
- (i) 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;
- (ii) 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. Note— See section 52 (1) (c) .
- (i) a statutory order or notice given to the body corporate; or
- (ii) an order of an adjudicator; or
- (iii) a judgment or order of a court; or
- (iv) an order of QCAT; or
- (i) 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;
- (ii) 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. Note— See section 52 (1) (c) .
- (a) subsection (1) (a) or (b) applies in relation to the proposal; and
- (b) the proposal involves spending above the relevant limit for major spending; and
- (c) the proposal does not involve spending mentioned in subsection (1) (c) or (d) .