Mixed Use Development Act 1993
sec.189Executive committee’s decisions to be decisions of body corporate
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sec.189 Executive committee’s decisions to be decisions of body corporate
In this section— restricted matter , in relation to a body corporate, means— a matter relating to the fixing of a special levy on all members of the body corporate; or a matter that seeks to alter the rights, privileges or obligations of members of the body corporate; or a matter that seeks to alter the annual contribution of members of the body corporate; or a matter on which a decision may only be made by the body corporate under a comprehensive resolution or in general meeting of the body corporate. A decision of the executive committee on a matter that is not a restricted matter is taken to be the decision of the body corporate. The executive committee must act reasonably in making, or not making, a decision. Even if the executive committee is properly constituted, the body corporate may in general meeting continue to exercise the powers conferred on the body corporate by this Act. s 189 amd 2022 No. 28 s 44 (sec.189-ssec.1) In this section— restricted matter , in relation to a body corporate, means— a matter relating to the fixing of a special levy on all members of the body corporate; or a matter that seeks to alter the rights, privileges or obligations of members of the body corporate; or a matter that seeks to alter the annual contribution of members of the body corporate; or a matter on which a decision may only be made by the body corporate under a comprehensive resolution or in general meeting of the body corporate. (sec.189-ssec.2) A decision of the executive committee on a matter that is not a restricted matter is taken to be the decision of the body corporate. (sec.189-ssec.3) The executive committee must act reasonably in making, or not making, a decision. (sec.189-ssec.4) Even if the executive committee is properly constituted, the body corporate may in general meeting continue to exercise the powers conferred on the body corporate by this Act.
- (a) a matter relating to the fixing of a special levy on all members of the body corporate; or
- (b) a matter that seeks to alter the rights, privileges or obligations of members of the body corporate; or
- (c) a matter that seeks to alter the annual contribution of members of the body corporate; or
- (d) a matter on which a decision may only be made by the body corporate under a comprehensive resolution or in general meeting of the body corporate.