Power to commence legal proceeding
18 Power to commence legal proceeding
S. 18(1) substituted by No. 36/2026 s. 32(1).
Subject to subsections (2) and (2A), an owners corporation, unless it is authorised to do so by special resolution, must not commence any proceeding in a court or tribunal.
S. 18(2) substituted by No. 36/2026 s. 32(1A).
If a matter may be resolved by an order of a court or tribunal for payment of an amount or relief that is no more than twice the total amount of the current annual fees set by an owners corporation under section 23, and the owners corporation is authorised to do so by ordinary resolution, the owners corporation may commence any proceeding in a court or tribunal that has jurisdiction to make an order of that nature.
S. 18(2A) inserted by No. 36/2026 s. 32(2).
If a matter may be resolved by an order of a court or tribunal that is non-monetary in nature and an owners corporation is authorised to do so by ordinary resolution, the owners corporation may commence any proceeding in a court or tribunal that has jurisdiction to make an order of that nature.
Division 5—The common seal
S. 18A inserted by No. 4/2021 s. 10.
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