Queensland Consolidated Regulations

BODY CORPORATE AND COMMUNITY MANAGEMENT (ACCOMMODATION MODULE) REGULATION 2020 - REG 162

162 Spending by committee [SM, s 172]

(1) The committee may only give effect to a proposal involving spending above the relevant limit for committee spending for the community titles scheme if—

(a) the spending is specifically authorised by ordinary resolution of the body corporate; or

(b) the owners of all lots included in the scheme have given written consent; or

(c) an adjudicator is satisfied that the spending is required to meet an emergency and authorises it under an order made under the dispute resolution provisions; or

(d) the spending is necessary to comply with—

(i) a statutory order or notice given to the body corporate; or

(ii) an order of an adjudicator; or

(iii) a judgment or order of a court; or

(iv) an order of QCAT; or

(e) both of the following apply—

(i) the committee decides the spending is necessary to put in place a relevant policy of insurance, or to renew an existing relevant policy of insurance;

(ii) the decision to put the relevant policy of insurance in place, or renew the existing relevant policy of insurance, is not a decision on a restricted issue for the committee.

Note—

See section 44 (1) (c) .

(2) For this section, 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 committee spending if the cost of the project, as a whole, is more than the relevant limit.

(3) Section 163 applies to the proposal in addition to this section if—

(a) subsection (1) (a) or (b) applies in relation to the proposal; and

(b) the proposal involves spending above the relevant limit for major spending; and

(c) the proposal does not involve spending mentioned in subsection (1) (c) or (d) .

(4) In this section—

"relevant policy of insurance" means a policy of insurance the body corporate puts into place or maintains under chapter 8 , part 6 .