New South Wales Consolidated Acts

COMMUNITY LAND MANAGEMENT ACT 1989 - SECT 38

38 Meetings of executive committee

(1) A quorum at a meeting of the executive committee of an association is:

(a) if there is only 1 member of the committee-the member, or

(b) if there are only 2 members of the committee-both of them, or

(c) if there are more than 2 members of the committee-at least one-half of them.

(1A) If 2 executive committee meetings are held at the same time, both meetings are invalid.

(2) A decision made at a meeting of the committee at which a quorum is present is a decision of the committee if:

(a) the quorum is 1 member and the decision is made by the member, or

(b) the quorum is 2 members and the decision is made by both of them, or

(c) the quorum exceeds 2 members and the decision is made by a majority of those voting.

(3) The committee may not make a decision on a matter that, before the decision is due, is opposed by a notice given to the secretary by members of the association who have a majority of the unit entitlements.

(4) A subsidiary body may not join in a notice under subsection (3) to the secretary of a community association or a precinct association unless it has been authorised by an ordinary resolution to do so.

(5) Except in relation to a restricted matter, a decision of the committee is a decision of the association.

(6) An act or proceeding of an executive committee done in good faith is valid even if, at the time the act or proceeding was done, taken or commenced there was:

(a) a vacancy in the office of a member of the committee, or

(b) a defect in the appointment, or a disqualification, of a member of the committee.

(7) The committee must ensure that:

(a) minutes of its meetings, and

(b) records of its decisions, and

(c) records of notices under subsection (3),

are properly kept.

(8) In this section:
"restricted matter" means a matter:

(a) that may be decided only by a unanimous or special resolution or at a general meeting, or

(b) that a general meeting of the association has resolved may be decided only at a general meeting of the association.