sec.312Proceedings

sec.312 Proceedings

The body corporate for a community titles scheme may start a proceeding only if the proceeding is authorised by— if the scheme is a specified two-lot scheme—a lot owner agreement for the scheme; or otherwise—special resolution by the body corporate. However, an owner of a lot included in a specified two-lot scheme may bring or start a prescribed proceeding on behalf of the body corporate even though the body corporate has not decided, by a lot owner agreement, to bring or start the proceeding. Also, the body corporate for a community titles scheme other than a specified two-lot scheme does not need a special resolution to bring or start a prescribed proceeding. In this section— prescribed proceeding , for a community titles scheme, means— a proceeding for the recovery of a liquidated debt against the owner of a lot included in the scheme; or a counterclaim, third-party proceeding or other proceeding, in a proceeding to which the body corporate is already a party; or a proceeding for an offence under chapter 3 , part 5 , division 4 ; or a proceeding, including a proceeding for the enforcement of an adjudicator’s order or an appeal against an adjudicator’s order, under chapter 6 . s 312 amd 2003 No. 6 s 3 sch ; 2011 No. 9 s 38 (sec.312-ssec.1) The body corporate for a community titles scheme may start a proceeding only if the proceeding is authorised by— if the scheme is a specified two-lot scheme—a lot owner agreement for the scheme; or otherwise—special resolution by the body corporate. (sec.312-ssec.2) However, an owner of a lot included in a specified two-lot scheme may bring or start a prescribed proceeding on behalf of the body corporate even though the body corporate has not decided, by a lot owner agreement, to bring or start the proceeding. (sec.312-ssec.3) Also, the body corporate for a community titles scheme other than a specified two-lot scheme does not need a special resolution to bring or start a prescribed proceeding. (sec.312-ssec.4) In this section— prescribed proceeding , for a community titles scheme, means— a proceeding for the recovery of a liquidated debt against the owner of a lot included in the scheme; or a counterclaim, third-party proceeding or other proceeding, in a proceeding to which the body corporate is already a party; or a proceeding for an offence under chapter 3 , part 5 , division 4 ; or a proceeding, including a proceeding for the enforcement of an adjudicator’s order or an appeal against an adjudicator’s order, under chapter 6 .

• (a) if the scheme is a specified two-lot scheme—a lot owner agreement for the scheme; or
• (b) otherwise—special resolution by the body corporate.
• (a) a proceeding for the recovery of a liquidated debt against the owner of a lot included in the scheme; or
• (b) a counterclaim, third-party proceeding or other proceeding, in a proceeding to which the body corporate is already a party; or