UNIT TITLES ACT 1970 - SECT 48 48. Where a corporation has incurred any expenditure or performed any repairs, work or act that it was required or authorised by its articles or by or under this Act or any other law in force in the Territory to perform, the expenditure, repairs, work or act having been rendered necessary by reason of any wilful or negligent act or omission on the part of, or breach of any provision of its articles by, a member of the corporation, the amount of that expenditure or any money expended by it in performing the repairs, work or act is recoverable by it from the member as a debt.

Australian Capital Territory Repealed Acts

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This legislation has been repealed.

UNIT TITLES ACT 1970 - SECT 48

48. Where a corporation has incurred any expenditure or performed any repairs, work or act that it was required or authorised by its articles or by or under this Act or any other law in force in the Territory to perform, the expenditure, repairs, work or act having been rendered necessary by reason of any wilful or negligent act or omission on the part of, or breach of any provision of its articles by, a member of the corporation, the amount of that expenditure or any money expended by it in performing the repairs, work or act is recoverable by it from the member as a debt.

Liability of co-proprietors

49. (1) Where 2 or more persons are proprietors of a unit and an amount is recoverable under section 38 or section 47 from the proprietor of that unit, the liability or those persons in respect of the payment of that amount is joint and several.

(2) As between themselves, each of those persons is liable for an amount that bears to the whole amount the same proportion as the value of his or her interest in the unit bears to the value of the whole interest of all the proprietors of the unit.

(3) If 1 of those persons pays an amount in excess of that proportion, he or she may recover the excess from the other proprietor.

Division 3—Committees of Corporations

Constitution of committee before first annual general meeting

50. (1) Until the first annual general meeting, the committee consists of all the members of the corporation.

(2) Until the first annual general meeting, the committee shall not perform a duty or function imposed, or exercise a power conferred, on the corporation unless it is authorised by a unanimous resolution to do so.

Constitution of committee after first annual general meeting

51. (1) After the first annual general meeting, the committee shall, subject to this section, consist of such number of members of the corporation as is determined at that meeting, being a number not less than 3 and not more than 7.

(2) Subject to this section, the number of committee-men may be varied by ordinary resolution passed at a general meeting.

(3) The corporation may, by special resolution, fix a number of committee-men exceeding 7.

(4) Where—

(a) there are not more than 3 members of the corporation; or

(b) the number of members of the corporation is equal to or less than the number determined, for the time being, to be the number of committee-men,

the committee consists of all the members of the corporation.

(5) Except where subsection (4) is applicable, the committee-men shall be elected at each annual general meeting and shall hold office until the next annual general meeting.

(6) Except where the committee consists of all the members of the corporation, the corporation may, by special resolution, remove any committee-man before the expiry of his or her term of office and appoint another member of the corporation in his or her place to hold office for the unexpired part of the term of office of the committee-man so removed.

(7) Subject to subsection (6), when a casual vacancy occurs on the committee, the remaining committee-men may appoint another member of the corporation in place of, and for the unexpired part of the term of office of, the committee-man whose office is vacant.

Meetings of committee

52. (1) Subject to subsection (2), the committee may meet for the conduct of business as and when it determines and may adjourn and otherwise regulate its meetings as it thinks fit.

(2) A committee-man may convene a meeting of the committee by giving to each other committee-man not less than 7 days written notice specifying the business that he or she proposes to bring before the meeting and the time and place of the meeting.

Quorum of committee

53. (1) No business shall be transacted at a meeting of the committee unless a quorum is present at the relevant time.

(2) For the purposes of subsection (1), a quorum is—

(a) where the total number of committee-men is an odd number—a number ascertained in accordance with the formula—

; or

(b) where the total number of committee-men is an even number—a number ascertained in accordance with the formula—

+ 1,

where X is the total number of committee-men.

Chairman of committee

54. (1) At the commencement of each meeting of the committee, the committee-men present shall elect a chairman for the meeting.

(2) If any chairman so elected vacates the chair or is unwilling or unable to act as chairman during the course of a meeting, the committee-men present shall elect another chairman in his or her place.

(3) The chairman elected under subsection (1) or (2) is not prevented from exercising his or her deliberative vote as a committee-man and, in the case of an equality of votes, is entitled to a second or casting vote.

(4) In the case of a committee of 2, in the event of an equality of votes the chairman is not entitled to a second or casting vote.

Voting of committee

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