Queensland Consolidated Acts

BUILDING UNITS AND GROUP TITLES ACT 1980 - SECT 111

111 Effect of certain orders

(1) The terms of an order made under section 79 , 80 , 81 , 83 , 91 or 92 (other than section 92 (3) (a) ) or under section 93 or an order made under section 77 in which the referee declares that it is to have effect as a decision of a body corporate shall be deemed to be a resolution passed by the body corporate in respect of the plan to which the order relates.

(2) Upon service upon it by the referee of a copy of an order referred to in subsection (1) , the body corporate shall cause the terms of the order to be recorded in its minute book.

(3) Except in the case of a unanimous resolution or a resolution without dissent, a resolution passed by a body corporate has no force or effect if it purports to rescind or amend a resolution deemed by subsection (1) to have been passed by the body corporate.

(4) Where an order referred to in subsection (1) specifies a period during which a resolution passed by the body corporate has no force or effect if it purports to alter the effect of that order, such a resolution has no force or effect if it is passed during that period—

(a) unless it is a unanimous resolution or a resolution without dissent; or

(b) unless, upon an application made as referred to in subsection (5) , a referee makes an order under this paragraph authorising the submission to a general meeting of the body corporate of a motion for that resolution.

(5) An application for an order under subsection (4) (b) —

(a) may be made by any person who, if the application for the order referred to in subsection (1) were made at the time the application referred to in this subsection is made, would be entitled to make the application for the order referred to in subsection (1) ; and

(b) shall specify the order sought; and

(c) shall be made to the referee in writing specifying the grounds on which it is made; and

(d) shall be accompanied by the prescribed fee and the prescribed deposit (if any).

(6) An application referred to in subsection (5) shall be dealt with in all respects as if it were an application for an order under this part.