Thursday, October 1, 2020

Body Corporate And Community Management Act 1997

Chapter 7
Part 2
Section 312

Proceedings | Section 312

(1)The body corporate for a community titles scheme may start a proceeding only if the proceeding is authorised by—

(a)if the scheme is a specified two-lot scheme—a lot owner agreement for the scheme; or

(b)otherwise—special resolution by the body corporate.

(2)However, an owner of a lot included in a specified two-lot scheme may bring or start a prescribed proceeding on behalf of the body corporate even though the body corporate has not decided, by a lot owner agreement, to bring or start the proceeding.

(3)Also, the body corporate for a community titles scheme other than a specified two-lot scheme does not need a special resolution to bring or start a prescribed proceeding.

(4)In this section—

prescribed proceeding, for a community titles scheme, means—

(a)a proceeding for the recovery of a liquidated debt against the owner of a lot included in the scheme; or

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

(c)a proceeding for an offence under chapter 3part 5division 4; or

(d)a proceeding, including a proceeding for the enforcement of an adjudicator’s order or an appeal against an adjudicator’s order, under chapter 6.

© Sourced from the Queensland Legislation website at 1 April 2020. For the latest information on Queensland Government legislation please go to https://www.legislation.qld.gov.au.

Disclaimer: Reproduced from the Body Corporate and Community Management Act 1997. This website does not give legal advice or other professional advice. You should seek legal or other professional advice before acting and not rely on any of the content on this website.

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