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Building Units and Group Titles Act 1980
sec.46Committee’s decisions to be decisions of body corporate
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### sec.46 Committee’s decisions to be decisions of body corporate
In this section—
restricted matter means—
any matter relating to the striking of a special monetary levy on all proprietors; and
any matter which seeks to alter the rights, privileges or obligations of proprietors; and
any matter which seeks to alter the annual monetary contribution of proprietors; and
any matter a decision on which may, in accordance with any provision of this Act, only be made by the body corporate pursuant to a unanimous resolution, resolution without dissent or a special resolution or in general meeting of the body corporate; and
any matter referred to in section 48 and specified in a resolution of the body corporate passed for the purposes of that section.
Subject to this Act, the decision of a committee on any matter, other than a restricted matter, shall be the decision of the body corporate.
A committee must act reasonably in making, or not making, a decision.
Notwithstanding that a committee holds office, the body corporate may in general meeting continue to exercise or perform all or any of the powers, authorities, duties and functions conferred or imposed on it by this Act.
s 46 amd 1988 No. 23 ss 37, 84 ; 2022 No. 28 s 16
(sec.46-ssec.1) In this section— restricted matter means— any matter relating to the striking of a special monetary levy on all proprietors; and any matter which seeks to alter the rights, privileges or obligations of proprietors; and any matter which seeks to alter the annual monetary contribution of proprietors; and any matter a decision on which may, in accordance with any provision of this Act, only be made by the body corporate pursuant to a unanimous resolution, resolution without dissent or a special resolution or in general meeting of the body corporate; and any matter referred to in section 48 and specified in a resolution of the body corporate passed for the purposes of that section.
(sec.46-ssec.2) Subject to this Act, the decision of a committee on any matter, other than a restricted matter, shall be the decision of the body corporate.
(sec.46-ssec.3) A committee must act reasonably in making, or not making, a decision.
(sec.46-ssec.4) Notwithstanding that a committee holds office, the body corporate may in general meeting continue to exercise or perform all or any of the powers, authorities, duties and functions conferred or imposed on it by this Act.
- (a) any matter relating to the striking of a special monetary levy on all proprietors; and
- (b) any matter which seeks to alter the rights, privileges or obligations of proprietors; and
- (c) any matter which seeks to alter the annual monetary contribution of proprietors; and
- (d) any matter a decision on which may, in accordance with any provision of this Act, only be made by the body corporate pursuant to a unanimous resolution, resolution without dissent or a special resolution or in general meeting of the body corporate; and
- (e) any matter referred to in section 48 and specified in a resolution of the body corporate passed for the purposes of that section.