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BODY CORPORATE AND COMMUNITY MANAGEMENT (STANDARD MODULE) REGULATION 2020 - REG 173
Quotes for major spending decided at general meeting
173 Quotes for major spending decided at general meeting
(1) This section applies if— (a) a motion to be moved at a general meeting
of the body corporate proposes the carrying out of work or the acquisition of
personal property or services, including the engagement of a body corporate
manager or service contractor, but not including the engagement of a service
contractor who is also, or is to be, a letting agent; and
(b) the cost of
giving effect to the proposal is more than the relevant limit for major
spending for the community titles scheme.
(2) The owner of each lot must be
given copies of at least 2 quotations for carrying out the work or supplying
the personal property or services.
(3) If the motion is proposed by the
committee, the committee must obtain the quotations.
(4) If the motion is not
proposed by the committee, the person proposing the motion must obtain the
quotations and give them to the secretary.
(5) Copies of the quotations or,
if voluminous, summaries of the quotations and advice about where the complete
documents may be inspected, must accompany the notice of the meeting at which
the motion is to be considered.
(6) If, for exceptional reasons, it is not
practicable to obtain 2 quotations, a single quotation must be obtained and
must accompany the notice of the meeting. Example— If goods to be acquired
by the body corporate are obtainable from only 1 source, a quotation for
supplying the goods must be obtained from the source and circulated with the
notice of meeting. The fact that goods with the necessary characteristics are
only obtainable from a single source would be an exceptional reason for not
obtaining 2 quotations for the supply of the goods.
(7) Unless subsection
(6) applies, the motions for the quotations must be set out as a group of
same-issue motions in the agenda and on a voting paper for the meeting.
(8)
Each quotation obtained under this section must be retained as an attachment
to the minutes of the meeting at which the quotation is considered.
(9) For
this section— (a) the cost of engaging a body corporate manager or a service
contractor includes any payment for the body corporate manager’s or the
service contractor’s services, provided for under the engagement, for the
term of any right or option of extension or renewal of the engagement; and
(b) if a series of proposals forms a single project, the cost of carrying out
any 1 of the proposals is taken to be more than the relevant limit for major
spending for the scheme if the cost of the project, as a whole, is more than
the relevant limit.
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