Unit Titles Act 2010

“non-timeshare unit means a principal unit in a timeshare resort that is not a timeshare unit

“timeshare entitlement means the stratum estate in fee simple or leasehold or both of a timeshare owner in a timeshare unit

“timeshare owner, in relation to a timeshare unit, means a person who is registered as proprietor of an undivided share in the stratum estate in the unit, but whose entitlement to occupy the unit is limited to a specified period in every calendar year or every second calendar year

“timeshare resort means a unit title development comprising, or including, a timeshare unit or timeshare units; and may include principal units that are not timeshare units

“timeshare unit means a unit owned, either wholly or as to a share, by a timeshare owner”.

“84A Additional powers of body corporate of timeshare resort

• In addition to the powers and duties set out in section 84, the body corporate of a timeshare resort has the power to pay the following amounts:

  • “(a) rates, levies, and other amounts payable to a territorial authority in respect of timeshare units:

  • “(b) all costs associated with the maintenance, repair, and refurbishment of timeshare units and their contents:

  • “(c) all costs of capital replacement of, and improvement to,—

    • “(i) any part of the timeshare resort, its facilities, or services; and

    • “(ii) any part of the timeshare units or their contents.”

“90 Who may call general meetings

• “(1) An annual general meeting of a body corporate must be called by the chairperson in accordance with the regulations.

  “(2) An extraordinary general meeting of a body corporate—

  • “(a) must be called by the chairperson in accordance with the regulations if a notice asking for an extraordinary general meeting to consider and decide motions proposed in the notice is—

    • “(i) in the case of—

      • “(A) a timeshare resort comprising both timeshare units and principal units that are not timeshare units, signed by or for not less than 20% of the timeshare owners and signed by or for the unit owners of not less than 20% of the non-timeshare units; or

      • “(B) a timeshare resort comprising timeshare units only, signed by or for the timeshare unit owners of not less than 20% of the timeshare units; and

    • “(ii) given to the chairperson; or

  • “(b) may be called at any other time by the chairperson or the body corporate committee in accordance with the regulations.”

“95 Quorum

• “(1) At a general meeting of a body corporate, the timeshare owners of not less than 5% of the timeshare entitlements or their proxies constitute a quorum.

  “(2) However, in the case of a timeshare resort comprising both timeshare units and non-timeshare units, the following constitutes a quorum:

  • “(a) the persons entitled to exercise not less than 25% of the votes able to be exercised in respect of the non-timeshare units or their proxies; and

  • “(b) the owners of not less than 5% of the timeshare entitlements or their proxies.

  “(3) Except as otherwise provided for in this Act and the regulations, no business may be transacted at a general meeting of the body corporate unless a quorum is present at the time.”

• “(2) One vote only may be exercised for—

  • “(a) each timeshare entitlement; and

  • “(b) if a timeshare resort comprises both timeshare units and non-timeshare units, each timeshare entitlement or principal unit, as the case may be.”

• “(2) One vote only may be exercised for—

  • “(a) each timeshare entitlement; and

  • “(b) if a timeshare resort comprises both timeshare units and non-timeshare units, each timeshare entitlement or principal unit, as the case may be.”

“99 Request for a poll by owner of non-timeshare unit in timeshare resort

• “(1) This section and section 100 apply to a timeshare resort comprising both timeshare units and non-timeshare units.

  “(2) A poll may be requested by any eligible voter who is an owner of a non-timeshare unit voting on a motion passed by ordinary resolution under section 97 or special resolution under section 98.”

“100 Counting of votes if poll requested

• “(1) This section applies if—

  • “(a) a motion is passed by ordinary resolution or special resolution; and

  • “(b) a poll is properly requested.

  “(2) One vote only may be exercised for each timeshare entitlement and each non-timeshare unit and only those who voted on the motion under section 97 or 98 are entitled to vote.

  “(3) For the motion to pass where a poll is requested,—

  • “(a) 50% of the ownership interest of the non-timeshare units and 50% of the interests of the timeshare units represented by those voting on a motion for an ordinary resolution must vote in favour of the motion; and

  • “(b) 75% of the ownership interest of the non-timeshare units and 75% of the interests of the timeshare units represented by those voting on a motion for special resolution must vote in favour of the motion.

  “(4) The result of any poll is the resolution of the general meeting.”

• “(f) any costs relating to rates, levies, and other amounts payable to a territorial authority in respect of timeshare units under section 84A(a).”

• “(2) The fund may only be applied towards spending relating to—

  • “(a) the long-term maintenance plan; or

  • “(b) costs associated with the maintenance, repair, and refurbishment of timeshare units and their contents referred to in section 84A(b).”

“119 Capital improvement fund

• A body corporate of a timeshare resort must establish a capital improvement fund to provide for costs referred to in section 84A(c).”