Queensland Consolidated Regulations

BODY CORPORATE AND COMMUNITY MANAGEMENT (ACCOMMODATION MODULE) REGULATION 2020 - REG 44

44 Restricted issues for committee [SM, s 52]

(1) A decision is a decision on a restricted issue for the committee if it is a decision—

(a) fixing or changing a contribution to be levied by the body corporate; or

(b) changing rights, privileges or obligations of the owners of lots included in the community titles scheme; or

(c) on an issue reserved, by ordinary resolution of the body corporate, for decision by ordinary resolution of the body corporate; or

Note—

Issues reserved, by ordinary resolution of the body corporate, for decision by ordinary resolution of the body corporate, must be recorded in a register—see section 219 .

(d) that may only be made by resolution without dissent, special resolution, majority resolution or ordinary resolution of the body corporate; or

(e) to start a proceeding, other than—

(i) a proceeding to recover a liquidated debt against the owner of a lot; or

(ii) a counterclaim, third-party proceeding or other proceeding in relation to a proceeding to which the body corporate is already a party; or

(iii) a proceeding for an offence under chapter 3 , part 5 , division 4 of the Act ; or

(iv) a prescribed chapter 6 proceeding; or

(f) to pay remuneration, allowances or expenses to a member of the committee unless, under section 45 , the decision is not a decision on a restricted issue for the committee.

(2) In this section—

"prescribed chapter 6 proceeding" —

(a) means a proceeding, including a proceeding for the enforcement of an adjudicator’s order, under chapter 6 of the Act ; but

(b) does not include an appeal against an adjudicator’s order.