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Is the work/proposal budgeted for?
*
YES
NO
Result
*
I understood below result is only for my reference
Require motion to strike special levy at a General Meeting. *
*The confusion may come about due to the wording of the BCCM regulation module noting
“If a liability arises for which no, or inadequate provision, is made in the budget, a special contribution must be raised”
and how this is interpreted.
In an adjudicators order referenced to Evolution Apartments, a lot owner sought an order from the Commissioners Office that foyer refurbishment works not be permitted to proceed on the basis that the works did not form part of any forecast or the sinking fund budget and that all funds held in the sinking fund were raised for purposes described in the sinking fund forecast.
The adjudicator noted – in response to the comment made by the applicant, from an order made for Parkwood Villas;
The legislative provisions clearly indicate that the budgets contain ‘estimates’ of necessary expenditure. There is no suggestion in the legislation, either in the provisions relating to the budgets or relating to the control of spending, that budgets set the limit of expenditure on any line item or that spending cannot be approved on any specific project if that would put the spending on that budget line item above the budget estimate for that item. The reality of budgeting is that some items will be overestimated and some will be underestimated, because in some areas it can be legitimately difficult to estimate what expenditure may be necessary.
They further noted:
There is no requirement that funds must be ‘allocated’ for a specified purpose, nor any requirement to raise a special levy for an unbudgeted expenditure if there are otherwise sufficient monies in the funds
The request from the applicant to have the Sinking Fund Budget declared invalid & the motion for the works be declared void and of no effect was dismissed.
Improvement or Maintenance? *
*
Improvement
Maintenance
*Improvements are different from general repair and maintenance spending, and are generally classed as optional spending.
As a general rule:
- Maintenance includes a repair that leaves the item largely unchanged, and the replacement of an item that cannot be repaired.
- An ‘improvement’ is the addition or alteration of a thing so that a new item is created.
More than Basic Improvement Limit? (> $25200)
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YES
NO
More than Committee Spending Limit? (> $16800)
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YES
NO
More than Major Spending Limit? (> $10000)
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YES
NO
More than Committee Spending Limit? (> $16800)
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YES
NO
Is cost more than Ordinary Resolution Improvement Range (> $168000)
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YES
NO
Has Body Corporate previously authorised improvements by Ordinary Resolution this financial year?
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YES
NO
Result
*
I understood below result is only for my reference
Special Resolution Required. Two Quotes Required.
Special Resolution:
There are stringent conditions to pass a motion that requires a special resolution. All three of the following conditions need to be met.
1. At least two-thirds of the votes cast are in favour of the motion
2. The number of votes against the motion is not more than 25% of the total number of lots
3. The total contribution schedule lot entitlements of the votes against the motion is not more than 25% of the total contribution schedule lot entitlements for all lots in the scheme
Ordinary Resolution:
An ordinary resolution is carried if there are more votes in favour of the motion, than there are against. In other words, a simple majority.
Result
*
I understood below result is only for my reference
Ordinary Resolution Required. Two Quotes Required.
Special Resolution:
There are stringent conditions to pass a motion that requires a special resolution. All three of the following conditions need to be met.
1. At least two-thirds of the votes cast are in favour of the motion
2. The number of votes against the motion is not more than 25% of the total number of lots
3. The total contribution schedule lot entitlements of the votes against the motion is not more than 25% of the total contribution schedule lot entitlements for all lots in the scheme
Ordinary Resolution:
An ordinary resolution is carried if there are more votes in favour of the motion, than there are against. In other words, a simple majority.
Result
*
I understood below result is only for my reference
Must wait until next financial year to consider improvement by Ordinary Resolution or may consider by Special Resolution. Two Quotes Required.
Special Resolution:
There are stringent conditions to pass a motion that requires a special resolution. All three of the following conditions need to be met.
1. At least two-thirds of the votes cast are in favour of the motion
2. The number of votes against the motion is not more than 25% of the total number of lots
3. The total contribution schedule lot entitlements of the votes against the motion is not more than 25% of the total contribution schedule lot entitlements for all lots in the scheme
Ordinary Resolution:
An ordinary resolution is carried if there are more votes in favour of the motion, than there are against. In other words, a simple majority.
Result
*
I understood below result is only for my reference
Committee Can Approve. Two Quotes Required.
Result
*
I understood below result is only for my reference
Committee Can Approve. One Quote is sufficient.
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