Queensland Consolidated Acts

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997 - SECT 312

312 Proceedings

(1) The body corporate for a community titles scheme may start a proceeding only if the proceeding is authorised by—

(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.

(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.

(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.

(4) In this section—

"prescribed proceeding" , for a community titles scheme, means—

(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

(c) a proceeding for an offence under chapter 3 , part 5 , division 4 ; or

(d) a proceeding, including a proceeding for the enforcement of an adjudicator’s order or an appeal against an adjudicator’s order, under chapter 6 .