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BODY CORPORATE AND COMMUNITY MANAGEMENT (STANDARD MODULE) REGULATION 2020 - REG 186
Improvements to common property by body corporate—Act, s 159
186 Improvements to common property by body corporate—Act, s 159
(1) The body corporate may make improvements to the common property if— (a)
the cost of the improvements, or, if the improvements together with associated
improvements form a single project for improvement of the common property, the
cost of the entire project, is not more than the basicimprovements limit for
the community titles scheme; or
(b) the improvements are authorised by
ordinary resolution and the cost of the improvements, or, if the improvements
together with associated improvements form a single project for improvement of
the common property, the cost of the entire project, is within the
ordinary resolution improvement range for the scheme; or
(c) the improvements
are authorised by special resolution; or
(d) an adjudicator, under an order
made under the dispute resolution provisions, decides the improvements are
reasonably necessary for the health, safety or security of persons who use the
common property and authorises the improvements.
(2) However, a body
corporate may not pass more than 1 ordinary resolution mentioned in subsection
(1) (b) in a financial year for the body corporate.
(3) For subsection (1) ,
if a series of associated improvements forms a single project, the cost of any
1 of the improvements is taken to be more than the amount worked out under
subsection (1) if the cost of the project, as a whole, is more than the
amount.
(4) This section has effect subject to chapter 7 , part 7 .
(5) In
this section—
"basic improvements limit" , for a community titles scheme, means an amount
worked out by multiplying $300 by— (a) for a principal scheme in a layered
arrangement of community titles schemes—the number of layered lots for the
scheme; or
(b) for another scheme—the number of lots included in the
scheme.
"ordinary resolution improvement range" , for a community titles scheme, means
an amount that is— (a) more than the basic improvements limit for the
scheme; and
(b) not more than the amount worked out by multiplying $2,000
by— (i) for a principal scheme in a layered arrangement of community titles
schemes—the number of layered lots for the scheme; or
(ii) for another
scheme—the number of lots included in the scheme.
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