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BODY CORPORATE AND COMMUNITY MANAGEMENT (SMALL SCHEMES MODULE) REGULATION 2020 - REG 80
Adjusting proposed budgets at annual general meeting [SM, s 161]
80 Adjusting proposed budgets at annual general meeting [SM, s 161]
(1) The amount of an administrative or sinking fund budget adopted by a body
corporate at an annual general meeting may be more or less than the
proposed budget amount by an amount equivalent to not more than 10% of the
proposed budget amount. Example— A proposed administrative fund budget is
$5,000. The administrative fund budget adopted by the body corporate at the
annual general meeting may be between $4,500 and $5,500.
(2) However, the
amount of a proposed budget may be adjusted only to provide for spending, or
remove amounts included in the proposed budget for spending, from the fund for
the financial year if— (a) the motion to approve the spending is stated in
the agenda for the meeting; and
(b) either— (i) the spending is approved by
the body corporate but is not adequately provided for in the proposed budget;
or
(ii) the spending is provided for in the proposed budget but the body
corporate does not approve the spending at the meeting.
(3) The adjustment
must be approved by a majority of voters present and entitled to vote on the
adjustment.
(4) If the amount of a proposed budget is adjusted under this
section— (a) the proposed contributions to be paid by owners of lots for the
financial year are proportionately adjusted; and
(b) it is not necessary to
amend the motion stated in the agenda for the fixing of contributions to
incorporate the adjustment; and
(c) a copy of the adopted budget must be
given to each owner of a lot with the copy of the minutes of the meeting given
to the owner under section 56 (2) .
(5) In this section—
"proposed budget amount" means the amount of a proposed administrative or
sinking fund budget accompanying the notice of an annual general meeting of a
body corporate.
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