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BODY CORPORATE AND COMMUNITY MANAGEMENT (SMALL SCHEMES MODULE) REGULATION 2020 - REG 92
Quotes for major spending decided at general meeting [SM, s 173]
92 Quotes for major spending decided at general meeting [SM, s 173]
(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; 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, unless the
person is the secretary, 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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