New South Wales Consolidated Acts

COMMUNITY LAND MANAGEMENT ACT 2021 - SECT 106

106 Legal services to be approved by general meeting

(1) An association or association committee must not obtain legal services for which a payment may be required unless a resolution approving the obtaining of those services is passed at a general meeting of the association.

(2) An association or association committee may obtain legal services without approval under subsection (1) if--

(a) it is of the opinion that urgent action is necessary to protect the interests of the association, and

(b) the cost of the legal services does not exceed $10,000 or another amount prescribed by the regulations for the purposes of this subsection.

(3) Approval under this section is not required for the following--

(a) to obtain legal advice before commencing legal action,

(b) to take legal action to recover unpaid contributions, interest on unpaid contributions or related expenses,

(c) to obtain legal services prescribed by the regulations.

(4) A failure by an association or the association committee to obtain an approval under this section does not affect the validity of any proceedings or other legal action taken by the association.

(5) In this Division--

"legal services" includes obtaining legal advice and taking legal action.