Queensland Consolidated Regulations

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BODY CORPORATE AND COMMUNITY MANAGEMENT (STANDARD MODULE) REGULATION 2008 - REG 42

Restricted issues for committee

42 Restricted issues for committee

(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 201 (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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