Unit Titles Act 2010

Redevelopment requiring new unit plan

68 Redevelopment requiring new unit plan
  • (1) This section applies to any redevelopment other than one to which section 65 applies.

    (2) The body corporate must apply to the Registrar for the deposit of a new unit plan in substitution for the existing unit plan.

    (3) Before making the application to deposit the new unit plan, the body corporate must—

    • (a) ensure that all of the owners of the units materially affected by the redevelopment have consented in writing to the new unit plan; and

    • (b) if the existing unit plan relates to a stratum estate in leasehold or licence, obtain the written consent of the lessor or licensor to the redevelopment; and

    • (c) agree, by special resolution, to the new unit plan.

    (4) For the purpose of this section, an owner of a future development unit that is in use as a place of residence or business or otherwise, in whole or in part, as a principal unit is to be treated as a member of the body corporate.

    (5) Sections 212 to 216 (which provide for an objection process) apply to a resolution under this section.

    Compare: 1972 No 15 s 44(1)