Unit Titles Act 2010

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213 Notices of designated resolutions
  • (1) After passing a designated resolution, the body corporate must serve a notice in the prescribed form on the following persons:

    • (a) every unit owner; and

    • (b) every person who has a registered interest in, or has a caveat or notice of claim entered on the register over, any unit; and

    • (c) if the resolution is to cancel the unit title development,—

      • (i) every person who has a registered interest in, or has a caveat or notice of claim entered on the register over, the whole or part of the common property; and

      • (ii) any person who is the grantee of an unregistered lease or licence over the whole or part of the common property.

    (2) The notice required to be served under subsection (1) is in addition to any other documents that are required to be served under this Act in relation to any particular matter.

    (3) Any person served with a notice under subsection (1) may, within 28 days of being served with that notice, give written notice in the prescribed form (if any) to the body corporate of his or her objection to the designated resolution (a notice of objection).

    (4) Despite subsection (3), no person may object under that subsection in respect of an easement or covenant of a kind that will, under section 180(2)(b) or (c) or 181(2)(b), continue after the cancellation of the unit plan.

    (5) If a person served with a notice under subsection (1) has made an application for relief under section 210 or has filed an application to have a matter relating to the resolution heard and determined under subpart 1 of Part 4, he or she must, by written notice to the appropriate decision-maker, withdraw that application before giving a notice of objection under this section.

    (6) A mortgagee or other person with a registered interest in, or caveat or notice of claim entered on the register over, all or part of a secured property is to be treated as having consented to a resolution if that mortgagee or other person does not object to the resolution or does not file an objection in time or made an objection but the appropriate decision-maker confirmed the resolution.