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BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997 - SECT 312 Proceedings

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997 - SECT 312

Proceedings

312 Proceedings

(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 3 , part 5 , division 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 .