Queensland Subordinate Legislation as Made

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BODY CORPORATE AND COMMUNITY MANAGEMENT (ACCOMMODATION MODULE) REGULATION 2008 No. 270 - SECT 42

42 Restricted issues for committee [SM, s 42]

(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) to change 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 199 (Register of reserved issues).
(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 43, 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.


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