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Body Corporate and Community Management (Standard Module) Regulation 2020
sec.73Giving effect to resolutions of committee meetings
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### sec.73 Giving effect to resolutions of committee meetings
The committee may give effect to a resolution of the committee only if—
the time for giving a notice of opposition under section 72 in relation to the resolution ends without a notice of opposition being given to the secretary; or
the resolution is necessary to deal with an emergency, and—
the amount required to put the resolution into effect is within the relevant limit for committee spending for the community titles scheme; or
an adjudicator acting under the dispute resolution provisions authorises the committee to give effect to the resolution; or
the resolution is ratified by ordinary resolution of the body corporate; or
the resolution is of a routine, administrative nature and involves spending not more than the greater of—
$200; or
$5 multiplied by the number of lots included in the scheme; or
the resolution approves a request for approval to keep or bring an animal on a lot or common property.
In a proceeding involving a challenge to a committee’s right to give effect to a resolution under subsection (1) (a) , the burden of proving that the copy of the minutes containing the resolution or, for a resolution passed other than at a meeting, a copy of the resolution, was properly given lies on the person asserting the right.
In this section—
properly given means given to each member of the committee and each owner of a lot who is not a member of the committee under section 71 (4) .
In this section—
resolution of the committee includes a decision of the committee—
deemed to have been made under section 58A (4) ; or
taken to have been decided under section 69 (3) (b) .
s 73 amd 2024 SL No. 40 s 66
(sec.73-ssec.1) The committee may give effect to a resolution of the committee only if— the time for giving a notice of opposition under section 72 in relation to the resolution ends without a notice of opposition being given to the secretary; or the resolution is necessary to deal with an emergency, and— the amount required to put the resolution into effect is within the relevant limit for committee spending for the community titles scheme; or an adjudicator acting under the dispute resolution provisions authorises the committee to give effect to the resolution; or the resolution is ratified by ordinary resolution of the body corporate; or the resolution is of a routine, administrative nature and involves spending not more than the greater of— $200; or $5 multiplied by the number of lots included in the scheme; or the resolution approves a request for approval to keep or bring an animal on a lot or common property.
(sec.73-ssec.2) In a proceeding involving a challenge to a committee’s right to give effect to a resolution under subsection (1) (a) , the burden of proving that the copy of the minutes containing the resolution or, for a resolution passed other than at a meeting, a copy of the resolution, was properly given lies on the person asserting the right.
(sec.73-ssec.3) In this section— properly given means given to each member of the committee and each owner of a lot who is not a member of the committee under section 71 (4) .
(sec.73-ssec.4) In this section— resolution of the committee includes a decision of the committee— deemed to have been made under section 58A (4) ; or taken to have been decided under section 69 (3) (b) .
- (a) the time for giving a notice of opposition under section 72 in relation to the resolution ends without a notice of opposition being given to the secretary; or
- (b) the resolution is necessary to deal with an emergency, and— (i) the amount required to put the resolution into effect is within the relevant limit for committee spending for the community titles scheme; or (ii) an adjudicator acting under the dispute resolution provisions authorises the committee to give effect to the resolution; or
- (i) the amount required to put the resolution into effect is within the relevant limit for committee spending for the community titles scheme; or
- (ii) an adjudicator acting under the dispute resolution provisions authorises the committee to give effect to the resolution; or
- (c) the resolution is ratified by ordinary resolution of the body corporate; or
- (d) the resolution is of a routine, administrative nature and involves spending not more than the greater of— (i) $200; or (ii) $5 multiplied by the number of lots included in the scheme; or
- (i) $200; or
- (ii) $5 multiplied by the number of lots included in the scheme; or
- (e) the resolution approves a request for approval to keep or bring an animal on a lot or common property.
- (i) the amount required to put the resolution into effect is within the relevant limit for committee spending for the community titles scheme; or
- (ii) an adjudicator acting under the dispute resolution provisions authorises the committee to give effect to the resolution; or
- (i) $200; or
- (ii) $5 multiplied by the number of lots included in the scheme; or
- (a) deemed to have been made under section 58A (4) ; or
- (b) taken to have been decided under section 69 (3) (b) .