Unit Titles Act 2010

195 Notice of resolution or order

  • (1) As soon as practicable after the passing of the resolution or the making of an order, the company or owners (as the case may be) must cause the resolution or order to be notified—

    • (a) to all persons, other than the members of the company or the owners, having a registered interest in any shares or assets of the company, or in any of the land intended to be included in the subdivision, or shown in the register to be entitled to such an interest; and

    • (b) to the Registrar, who must at the same time be given by the company or the owners the particulars and things specified in subsection (2); and

    • (c) in the case of a company, to the Registrar of Companies, who must at the same time be given by the company the particulars and things specified in subsection (2).

    (2) The notice to the Registrar or the Registrar of Companies must be accompanied by—

    • (a) a sealed copy of the order in any case where an order has been made; and

    • (b) a list of the persons on whom notice has been served, together with advice of delivery or other evidence of proper service of the notice on all interested parties as the Registrar may require; and

    • (c) a description of the land intended to be included in the scheme sufficient for the Registrar to identify it in the Registrar’s records.

    (3) The notice must state that it is the intention of at least 75% of the members of the company or the owners or the High Court has made an order under section 193 that all necessary steps be taken by the members of the company or the owners to subdivide the whole of its or their land in accordance with this Act unless, not later than 1 month after the date on which the notice is given to the Registrar, a caveat in the prescribed form is lodged, by any person claiming an estate or interest in the land or shares, with the Registrar under the Land Transfer Act 1952 forbidding the subdivision.

    (4) On receipt by the Registrar of notice of the resolution or order under this section, the Registrar must make an entry on each computer register in respect of the land concerned to the effect that the company or the owners have advertised an intention to subdivide the land in accordance with this Act.

    Compare: 1972 No 15 s 60(1)–(3), (7)