Statutory restrictions on powers of committee
36 Statutory restrictions on powers of committee
(1) Unless otherwise determined in pursuance of a special resolution of the Management Corporation, the committee shall not, in any one case, undertake expenditure that exceeds the amounts determined under regulation 12(1) or (2).
(2) Where proposed expenditure would exceed the amount referred to in subregulation (1), the committee shall:
(a) submit the proposal for determination at an extraordinary general meeting of the Management Corporation convened for the purpose of, or for purposes that include, consideration of the proposal; and
(b) if the proposed expenditure is in respect of work to be performed or the purchase of personal property, submit to the meeting at least 2 tenders with the proposal.
Subregulation (1) does not apply to expenditure:
(a) in payment of a premium of insurance effected by or on behalf of the Management Corporation;
(b) to comply with a notice or order served on the Corporation by a public authority or municipal council; or
(c) in discharge of a liability incurred in respect of an obligation of the Corporation authorised by the Corporation in general meeting.
(4) Where proposed expenditure for improvements to the common property exceeds, in a particular case, the amount calculated under regulation 19(2), the committee shall not cause the expenditure to be made unless:
(a) it is made in accordance with a resolution without dissent passed at a general meeting of the Management Corporation; or
(b) it has been resolved by the Management Corporation by special resolution that the improvements are essential for the health, safety or security of users of the common property.
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