The registered owner of a parcel of land of any of the following kinds may subdivide that land to create a unit title development:

A parcel of land referred to in subsection (1) may be subdivided into—

Nothing in this section permits the subdivision in accordance with this Act of a parcel of land that is subleasehold land.

The subdivision of land to provide for units is effected by the deposit under the Land Transfer Act 2017 of a plan specifying the units in their relation to a building or buildings (if any) already erected on the land.

An application to deposit the plan must be made in the prescribed form (if any) by the registered owner described in section 16(1).

The deposit of a unit plan creates in each principal unit and each accessory unit a stratum estate in freehold or a stratum estate in leasehold or licence, as the case may be, that comprises—

A layered unit title development is a grouping of unit title developments in which—

For the purpose of this Act, a reference to the base land in relation to a subsidiary unit title development means the land from which its head unit title development was subdivided.

Examples 2 and 3 in Schedule 1 are diagrammatical illustrations of examples of layered unit title developments.

The owner of a principal unit may subdivide the principal unit in accordance with this Act to create a subsidiary unit title development.

If a principal unit referred to in subsection (1) has an accessory unit and both units are included on the same record of title, both the principal unit and the whole accessory unit must be subdivided in accordance with this Act to create a single subsidiary unit title development.

A principal unit referred to in subsection (1) may be subdivided into—

A subdivision referred to in subsection (1) may be done only if the body corporate for the unit title development has, by special resolution, agreed to allow the subdivision.

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

The subdivision of a principal unit to create a subsidiary unit title development is effected by the deposit under the Land Transfer Act 2017 of a unit plan—

The application to deposit the plan must be made by the owner of the principal unit to be subdivided and be—

Despite section 216, in relation to an application under subsection (2), the certificate required by section 216 must be lodged with the Registrar by the person making the application to deposit the plan.

The deposit of a unit plan for a subsidiary unit title development creates in each unit a stratum estate in freehold or a stratum estate in leasehold or licence, as the case may be, derived from the stratum estate in the principal unit subdivided to create the subsidiary unit title development.

The stratum estate in each unit comprises—

The principal unit subdivided to create the subsidiary unit title development remains a principal unit in its unit title development.

A subdivision of a parcel of land under subpart 1 or a subdivision of a principal unit under subpart 2 may be done in stages in accordance with this subpart.

Except as provided in this subpart or in any other provision of this Act, all of the provisions of this Act apply to a unit title development created in stages.

If land or a principal unit is to be subdivided in stages, this section and section 25 apply instead of sections 17(1) and 21(1)(b).

Subdivision in stages is effected by the successive deposit under the Land Transfer Act 2017 of—

In the case of subdivision of land, the applications to deposit the plans must be made by the registered owner described in section 16(1) in the prescribed form (if any).

In the case of the subdivision of a principal unit to create a subsidiary unit title development, the applications to deposit the plans must be made by the owner of the principal unit to be subdivided in the prescribed form (if any).

A proposed unit development plan required by section 24(2) must specify all the units and the whole of the common property proposed to comprise the unit title development when it is completed.

A stage unit plan required by section 24(2) must specify—

A complete unit plan required by section 24(2) must specify all the units and the whole of the common property comprising the development in relation to a building or buildings (if any) already erected on the land.

Every stage unit plan (except the first) and the complete unit plan relating to a development must be deposited in substitution for the stage unit plan previously deposited in respect of that development.

No stage unit plan and no complete unit plan may be deposited unless the certificate given under section 32(2)(a) includes a statement by the authorised officer of the territorial authority in whose district the land is situated that the plan is consistent with the relevant proposed unit development plan.

For the purposes of section 35(b) and (c), it is sufficient if every building and every other part of the whole development shown on a stage unit plan complies with the territorial authority’s district plan requirements applied at the date on which approval of the proposed unit development plan under section 223 of the Resource Management Act 1991 was given, even if, because of subsequent changes to the requirements, any building or other part of the development no longer complies with all the requirements.

The deposit of the first stage unit plan under section 24(2)(a) has the effect of creating in each future development unit a stratum estate in freehold or a stratum estate in leasehold or licence (as the case may be).

Those estates are made up of—

Nothing in section 11 or Part 10 of the Resource Management Act 1991 applies to the deposit of a stage unit plan or a complete unit plan except for—

Section 11 and Part 10 of the Resource Management Act 1991 apply to the deposit of a proposed unit development plan except for the requirement to obtain a certificate under section 224(c) of that Act if a certificate will be obtained for each stage unit plan and the complete unit plan in accordance with subsection (1).

For the avoidance of doubt, the certificate required to be obtained under section 224(c) of the Resource Management Act 1991 may be provided for either—

The reference in section 224(c) of the Resource Management Act 1991 to a survey plan is, in respect of a staged unit plan or a complete unit plan, a reference to the proposed unit development plan to which the staged unit plan or complete unit plan relates.

Unless a condition of the subdivision consent for a stage unit plan or a complete unit plan requires otherwise, a certificate issued by a territorial authority under section 224(c) of the Resource Management Act 1991 for a stage unit plan or a complete unit plan may certify that—

If subsection (1)(b)(ii) applies, a territorial authority may issue a certificate under section 224(c) of the Resource Management Act 1991.

This section applies to any alteration to a proposed unit development plan other than one—

The body corporate may, by special resolution, agree to make an application to deposit a substituted proposed unit development plan.

The body corporate must apply to the Registrar for the deposit of a new proposed unit development plan in substitution for the existing proposed unit development plan.

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

Before making the application to deposit the new plan, the body corporate must (in addition to complying with section 213(1))—

The new proposed unit development plan must—

In addition to the provisions referred to in section 31(2)(a), sections 32(2)(a) and (b), and 35 to 37 apply in respect of a substituted proposed unit development plan.

In addition to the matters required to be included in the certificate referred to in section 216, the body corporate must also certify that any consent under subsection (5)(b) has been given.

The whole of this subpart applies to a unit plan to be deposited under any of sections 17, 21, or 24 or subpart 3 of Part 4.

In relation to any unit plan other than one referred to in subsection (1),—

A unit plan for the subdivision of land must not be deposited—

A unit plan for the subdivision of land or for the subdivision of a principal unit must not be deposited—

In addition to the restrictions in subsection (2), a unit plan for the subdivision of a principal unit must not be deposited—

Section 32(1)(b) and (c) do not prevent the deposit of a plan in any case where 1 record of title may properly be created for the land to which the plan relates.

A consent for the purposes of section 32(1)(d) or (3)(a) may be given by an agent duly authorised in writing by the grantor, owner, or caveator.

Approval in accordance with section 32(2)(c) has effect to make the plan the property of the Crown.

A unit plan must comply with the provisions of rules made under section 49 of the Cadastral Survey Act 2002.

An authorised officer of a territorial authority must not refuse to give a certificate in respect of any unit plan under section 32(2)(a) except on 1 or more of the following grounds:

This section applies if—

The territorial authority has no power to require any alteration to any building or any other part of the whole development that may affect the location or the boundaries of any unit or of any part of the common property shown on the plan.

The territorial authority may otherwise pursue any remedies it may have (including the prosecution of any person) in respect of any non-compliance with the provision of its district plan or the requirements of the Resource Management Act 1991.

Subsection (2) applies despite any enactment or rule of law to the contrary.

No territorial authority, authorised officer of a territorial authority, member of a territorial authority, or employee or agent of a territorial authority, is subject to civil or criminal liability in respect of the giving of a certificate under section 32(2)(a), unless the territorial authority or person has acted in bad faith.

Before a unit plan is deposited under section 17(1), 21(1), or 24(2)(a), the registered proprietor or owner (as the case may be) must assign—

The ownership interest or proposed ownership interest assigned to a unit is that assessed by a registered valuer on the basis of the value of the unit relative to each other unit and shown on the documentation required to be lodged—

The ownership interest is used to determine a range of matters, including, but not limited to,—

The proposed ownership interest for a future development unit is the total of all the proposed ownership interests of the proposed principal units and proposed accessory units in the future development unit assigned under subsection (1)(b).

The proposed ownership interest is used to determine the same range of matters described in subsection (3) in so far as they apply to an owner of a future development unit.

After a unit plan is deposited, the ownership interest or proposed ownership interest of a unit may be reassessed, and the new interest assigned to the unit, as set out in this Act.

Before a unit plan is deposited under section 17(1), 21(1), or 24(2)(a), the registered proprietor or owner (as the case may be) must assign a utility interest to every principal unit and every accessory unit.

The utility interest assigned to a unit is the same as the ownership interest assessed for the unit under section 38(2).

Alternatively, the registered proprietor or owner may assign to a unit a different utility interest if that different utility interest is—

The utility interest is used to determine a range of matters including, but not limited to,—

As soon as a future development unit is in use as a place of residence or business or otherwise, the registered proprietor, owner, or body corporate (as the case may be) must assign a deemed utility interest to that unit.

The deemed utility interest assigned to the future development unit is the total of all the proposed ownership interests assigned to the proposed principal units and proposed accessory units in the future development unit under section 38.

Alternatively, the body corporate (if any) may assess and assign the first deemed utility interest for a future development unit by special resolution at a general meeting under section 41 (with all necessary modifications).

The deemed utility interest is used to determine the extent of the future development unit’s owner’s obligations in respect of contributions relating to the funds levied by the body corporate under section 121.

A body corporate may, by special resolution at a general meeting, decide to reassess the ownership interest or utility interest, or both, for each unit and assign to each unit the new interest or interests.

However, a decision by the body corporate under subsection (1) may be made only if—

Subsections (1) and (3) do not prevent an assessment or a reassessment, and the subsequent assignment of the new interest or interests, under another section of this Act (see, for example, section 177).

A reassessment under subsection (1) takes effect, and the new interest or interests are assigned to each unit, on—

Any reassessment of the ownership interest of a unit must be made by a registered valuer assessing the value of each of the units relative to each other.

A reassessment of the utility interest may be made by the body corporate on a fair and equitable basis, having regard to the relevant benefits and the costs to units.

If, as a result of a reassessment, a utility interest is to be assigned other than on the basis of the value of the unit relative to each other unit, the body corporate must, by special resolution, approve the method of apportionment of the utility interest.

Sections 212 to 216 (which provide for an objection process) apply to a resolution made in accordance with subsection (6).

Any costs incurred in the reassessment must be paid for by the body corporate.

In this section and section 42,—

The body corporate must notify the Registrar in the prescribed form (if any) of any reassessment of the ownership interest or the utility interest under section 41.

The Registrar must record the new ownership interest or utility interest, or both, assigned to each unit.

On the deposit of a unit plan for the subdivision of land, the Registrar must—

Despite subsection (1)(a), the Registrar must, at the request of the registered owner, create a separate record of title for any principal unit or future development unit.

A record of title created under subsection (2) may also include 1 or more accessory units.

On the deposit of a unit plan for the subdivision of a principal unit, the Registrar must—

Despite subsection (1)(a), the Registrar must, at the request of the owner of the principal unit that has been subdivided, create a separate record of title for any principal unit in the subsidiary unit title development.

A record of title created under subsection (2) may include 1 or more accessory units.

Despite section 76 of the Land Transfer Act 2017, no separate record of title may be created under that Act for—

No record of title may be created in respect of common property.

On the deposit of a unit plan under subpart 1 or 2, or section 24(2)(a), the Registrar must set up a supplementary record sheet on which the Registrar must note—

On the deposit of a unit plan for the subdivision of a principal unit under subpart 2 or section 24(2)(a), the Registrar must—

In any case where, under any of the provisions of section 30, 57, 59, or 68, a new unit plan is deposited under the Land Transfer Act 2017,—

On the creation of a stratum estate in a unit,—

On the creation of a stratum estate in a unit in a subsidiary unit title development, the principal unit that was subdivided to create the development is not capable of devolving or being dealt with except as provided in this or any other Act.

A transfer, lease, mortgage, or settlement of a stratum estate in a unit has the same effect as if the stratum estate were an estate in fee simple in land or an interest in land under a lease or licence, as the case may be.

Except where it is transferred to the owner of a principal unit shown on the same unit plan, no accessory unit or any interest in it may be sold, leased, mortgaged, or otherwise disposed of or dealt with except as part of a sale, lease, mortgage, disposition, or other dealing that includes a principal unit or a corresponding interest in a principal unit.

No record of title relating to an accessory unit may be created except as part of a record of title relating to a principal unit.

No principal unit that is for the time being included in the same record of title as an accessory unit (not being a record of title created under section 200(1)(b)) and no interest in that principal unit may be sold, leased, mortgaged, or otherwise disposed of or dealt with except—

If an accessory unit is being transferred independently of a principal unit to a person who is the owner of a principal unit shown on the same unit plan, the instrument of transfer in respect of the accessory unit must contain a request to the Registrar for the accessory unit to be included in the record of title for the principal unit.

On the registration of the instrument of transfer referred to in subsection (4), the accessory unit becomes subject to all mortgages and charges and other registered interests or caveats or notices of claim to which the principal unit is subject.

If an accessory unit is for the time being included in the same record of title as a principal unit, the accessory unit must not be transferred apart from the principal unit while it remains subject to any mortgage, charge, other registered interest or caveat or notice of claim entered on the register.

Despite anything to the contrary in the Land Transfer Act 2017, any purported sale, lease, mortgage, disposition, or dealing with any unit in contravention of subsection (1) or (3) is void.

Nothing in subsection (7) affects the devolution of any unit on the death of the owner of the unit to the administrator of that owner.

The common property is owned by the body corporate.

The owners of all the units are beneficially entitled to the common property as tenants in common in shares proportional to the ownership interest (or proposed ownership interest) in respect of their respective units.

Nothing in subsection (2) affects the interests among themselves of the owners of an individual unit.

This section applies if—

On the deposit of the unit plan, the access lot, or share of the access lot, owned by the registered owner of the base land becomes part of the common property.

The body corporate may, after a special resolution to do so, grant a lease or licence over the whole or any part of the common property.

Before granting a lease or licence over the whole or any part of the common property, a subsidiary body corporate must obtain the consent to the dealing by special resolution from—

A body corporate, other than a subsidiary body corporate, may, after a special resolution to do so, sell the whole or any part of the common property.

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

In addition to the matters required to be included in the certificate referred to in section 216, the body corporate must also certify that the consents required under subsection (2) have been given.

Unless the body corporate resolves otherwise, any proceeds obtained by the body corporate as a result of any sale, lease, or licence of or over the common property must be distributed to the unit owners.

Proceeds distributed to the unit owners under subsection (6) must be distributed in shares proportional to their ownership interest (including any proposed ownership interest) as at the date that the payment giving rise to the proceeds fell due under the terms of the sale, lease, or licence.

Without limiting subsection (6), the body corporate may, with the consent of the owner of a principal unit, offset the payment to that owner against current or future levies payable in respect of that owner’s principal unit.

For the purposes of any sale of common property, the owner of a future development unit that is in use as a place of residence or business or otherwise, in whole or in part, is to be treated as a member of the body corporate.

The instrument of transfer of the whole or any part or parts of the common property must, when lodged for registration, be accompanied by a new unit plan in substitution for the existing unit plan.

The requirements of subsection (1) are in addition to any plan that the Registrar may require to be deposited under section 224 of the Land Transfer Act 2017.

If a unit plan referred to in this section includes a stage unit plan,—

The new unit plan must show the effect of the transfer to the satisfaction of the Registrar.

The Registrar must register any transfer to which subsection (1) refers by—

Nothing in this section restricts section 47.

An interest in land outside the base land may be transferred to the body corporate (other than a subsidiary body corporate) and included in the common property if—

The lease or licence referred to in subsection (1)(c)(ii) must be a lease or licence for the same remaining period, on the same terms and conditions, and containing the same provisions as the current lease or licence of the base land.

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

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

Every instrument of transfer to which section 58 relates must, when lodged for registration, be accompanied by a new unit plan in substitution for the existing unit plan.

If a unit plan referred to in this section includes a stage unit plan,—

The new unit plan must show the effect of the transfer to the satisfaction of the Registrar.

The registration of a transfer under this section has the effect of including the transferred land as part of the common property.

The Registrar must register any transfer to which subsection (1) refers by—

The beneficial interest (under section 54(2)) in the land included as part of the common property pursuant to the transfer is deemed to be held by each unit owner—

Nothing in this section restricts section 47.

The deposit of a unit plan has no effect on any easement or covenant to which the base land is subject or on any easement or covenant that is appurtenant to the base land.

The Registrar must require any easements and covenants referred to in subsection (1) to be recorded (by diagram, words, or otherwise) on the supplementary record sheet, and must not note them on any record of title created under section 43.

If there is a layered unit title development on the base land, the supplementary record sheet referred to in subsection (2) is that for the head unit title development and any subsidiary unit title development affected by the easement or covenant.

The body corporate of a standard unit title development or the body corporate of a head unit title development may, after a special resolution to do so, vary, surrender, or assign any easement or vary or revoke any covenant to which section 60 applies.

For the purpose of sections 73, 108 to 112, and 116 of the Land Transfer Act 2017, if the body corporate enters into an instrument described in subsection (1), the body corporate must be treated as the registered owner of the base land.

The body corporate may, after a special resolution to do so, grant an easement or enter into a covenant over the whole or any part of the common property.

The body corporate may, after a special resolution to do so, over any unit or any land that is not common property,—

The body corporate may, after a special resolution to do so, enter into a variation or surrender of—

Before dealing with common property under subsection (1), (2), or (3), a subsidiary body corporate must obtain the consent to the dealing by special resolution from—

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

In addition to the matters required to be included in the certificate referred to in section 216, the certificate must also certify that the consents required under subsection (4) have been given.

Unless the body corporate resolves otherwise, any proceeds obtained by the body corporate as a result of any dealing with common property under subsections (1), (2), and (3) must be distributed to the unit owners.

Proceeds distributed to the unit owners under subsection (7) must be distributed in shares proportional to what was, at the time of the dealing, their ownership interest (including any proposed ownership interest).

The owner of a unit may, for the benefit of the unit,—

The owner of a unit may—

The owner of a unit may enter into a variation or surrender of—

Before any dealing with the unit under subsection (1), (2), or (3), the body corporate must, by special resolution, have consented to the granting, acquiring, variation, or surrender of the easement or covenant.

Before giving its consent in accordance with subsection (4), a subsidiary body corporate must obtain the consent by special resolution, and in writing, to the granting, acquiring, variation, or surrender of the easement or covenant from—

An application to register an instrument to give effect to any of the matters in subsections (1), (2), or (3) must be accompanied by a certificate by the body corporate that the consent required under subsection (4) has been given.

The certificate referred to in subsection (6) may be relied on by the Registrar as sufficient evidence of compliance with the matters set out in the certificate.

If a unit plan referred to in sections 65 to 71 includes a stage unit plan,—

This section applies if a redevelopment consists solely of the adjustment of the boundary between 1 or more units shown on a unit plan but the adjustment does not—

The owners of the units that will have their boundaries adjusted must, jointly, make an application to the Registrar for the deposit of an amendment to the unit plan.

Sections 32(2)(a) and (c), 33(3), and 34 to 37 apply in respect of the deposit of the amendment to the unit plan under subsection (2).

Before making the application to deposit the amendment to the unit plan the unit owners in subsection (2) must obtain a certificate from the body corporate that the redevelopment is of a kind described in subsection (1).

The unit owners in subsection (2) must, for the purposes of obtaining the certificate referred to in subsection (4), provide sufficient written information to the body corporate to fully inform it of the nature of the redevelopment.

The amendment to the unit plan required by section 65 must—

The application to deposit the amendment to the unit plan required by section 65 must be in the prescribed form (if any) and be accompanied by—

The certificate referred to in subsection (1)(a) may be relied on by the Registrar as sufficient evidence of the matters set out in it.

On the deposit of the amendment to the unit plan and the registration of any transfers or other instruments, the Registrar must—

This section applies to any redevelopment other than one to which section 65 applies.

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

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

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.

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

A new unit plan required under section 68 must specify the units and common property making up the unit title development and must, in addition,—

In addition to the provisions referred to in section 31(2)(a), sections 32(2)(a) and 35 to 37 apply in respect of a new plan.

The application to deposit the plan must be accompanied by a certificate from a registered valuer,—

A reassessment of ownership interests for the purpose of subsection (3)(b) must be made by the registered valuer assessing the value of each of the units relative to each other.

Despite subsection (4), the registered valuer may, in his or her discretion, assess the ownership interests at the same values as the current ownership interests in any case where the valuer considers that the redevelopment is of a relatively minor nature.

The body corporate must assign the reassessed ownership interests to the relevant units.

In addition to the matters required to be included in the certificate referred to in section 216, the body corporate must also certify that the consents required under section 68(3)(a) and (b) have been given.

This section applies if, immediately before a redevelopment to which sections 68 and 69 relate, the utility interest of any unit was different to its ownership interest because the utility interest had been reassessed under section 41.

The body corporate must—

On the deposit of the new unit plan and the registration of any necessary transfers or other instruments, the Registrar must—

Except as otherwise provided in this Act and subject to any necessary modifications, the provisions of the Land Transfer Act 2017 apply to every stratum estate in freehold and stratum estate in leasehold or licence and to every dealing with any instrument affecting any such estate.

The common property and each unit on a unit plan has appurtenant to it the following rights over the land to the extent necessary for the reasonable use and enjoyment of the common property or unit:

The common property and each unit on a unit plan has appurtenant to it the following rights over the land:

The rights created by this section carry with them all ancillary rights and responsibilities necessary to make them effective as if they were easements.

Nothing in this section affects any land other than the land to which the unit plan relates.

This section applies if any building or other improvement comprised in any unit or on the base land is damaged or destroyed, but the unit plan is not cancelled.

The High Court may, by order, settle a scheme on the application of—

A scheme under subsection (2) may include provisions—

If an order is made under subsection (3)(b), sections 58(1)(c) and 59 apply to the transfer, so far as applicable, but subject to any order of the High Court to the contrary.

A notice of any application made under subsection (2) must be lodged with the Registrar who must enter on the supplementary record sheet a notification that the application has been made.

On any application to the High Court under subsection (2), the following persons have the right to appear and be heard:

In the exercise of its powers under subsections (2) and (3), the High Court may make any orders that it considers expedient or necessary for giving effect to the scheme, including orders—

The High Court may cancel, vary, modify, or discharge any order made by it under this section.

The High Court may make any order for payment of costs that it thinks fit.

When a unit plan is deposited under section 17 (and in the case of a staged development, when the first stage unit plan is deposited under section 24), a body corporate is created and is the body corporate for the unit title development created by the deposit of that unit plan.

When a unit plan is deposited under section 21 (and in the case of a staged development, when the first stage unit plan is deposited under section 24), a subsidiary body corporate is created and is the body corporate for the subsidiary unit title development created by the deposit of that unit plan.

The name of the body corporate for a unit plan is the words “Body Corporate Number” and the registered number of the unit plan.

The members of a body corporate for a unit plan are the unit owners of all the units in the unit plan.

Despite subsection (1), and except as provided in sections 56, 58, 68, 105(4), 121(3), 123, 170, and 190, the owner for the time being of a stratum estate in a future development unit is not a member of the relevant body corporate created by section 75.

A body corporate may do anything authorised by this Act or any other Act.

A body corporate may do anything a natural person of full age and capacity may do except as provided for in this Act or any other Act.

A body corporate may do an act under section 77 only for the purpose of performing its duties or exercising its powers.

An owner of a principal unit—

An owner of a principal unit—

For the purpose of subsection (1), 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, is to be treated as an owner of a principal unit.

For the purposes of subsection (1)(a) and (i),—

Subsection (1)(b) does not affect the right of an owner to apply for minority relief under section 210 or to object to a designated resolution under sections 212 to 216.

This section applies to owners of units who lease or license their unit, and who are absent from New Zealand for longer than 3 consecutive weeks.

An owner of a unit to whom this section applies must—

A person appointed as an agent under subsection (2) or the Residential Tenancies Act 1986 has the power to enforce the body corporate operational rules.

If an owner of a unit does not appoint an agent or the agent fails or refuses to enforce the body corporate operational rules, the body corporate may enforce those rules.

The subsidiary body corporate may only consent to additions or structural alterations under section 80(1)(i) to any principal unit in the subsidiary unit title development that materially affect any other unit in the parent unit title development or the common property of its parent unit title development if the subsidiary body corporate has obtained the written consent of—

A parent body corporate or the head body corporate must not unreasonably withhold consent under subsection (1) and may not withhold consent unless the proposed addition or structural alteration changes the boundaries of the subsidiary unit title development or has a material impact on the use or amenities of the parent unit title development or head unit title development.

This section applies to the owner of a principal unit in a subsidiary unit title development.

The owner of the principal unit has the same rights relating to access and enjoyment of the common property of the following unit title developments as if the owner of the principal unit were the owner of a principal unit in that unit title development:

The owner of the principal unit must comply with the body corporate operational rules of the following unit title developments in addition to the body corporate operational rules of the subsidiary unit title development:

The body corporate has the powers and duties set out in—

Except as expressly provided in this Act, the body corporate does not have any duties in respect of a future development unit that comprises part of the unit title development.

A body corporate must keep and maintain a register of all owners of principal units and accessory units on the unit plan in accordance with the regulations.

The owner of a principal unit must notify the body corporate in writing of any changes to the information held in the register that relates to his or her unit.

Despite anything in this Act, where the owner of a principal unit transfers his or her unit to any other person, until the body corporate is notified in writing of the transfer,—

Nothing in subsection (3)(a) restricts the right of the owner of the principal unit to recover any amounts from a transferee that the owner has paid in respect of contributions levied by the body corporate.

A body corporate may serve an owner of a principal unit with a notice in the prescribed form requiring the owner to sign any document in order to carry out a resolution either passed by the body corporate or, if an objection has been made, confirmed by the court under section 215(4)(b).

If the notice relates to a designated resolution, the notice may not be served until the time for making an objection under section 213 has passed.

If the notice relates to a resolution for which an application for relief has been made under section 210, the notice may not be served until the time for making that application has passed.

The body corporate may sign the document on behalf of the owner if the owner—

If the body corporate signs any document pursuant to subsection (4), the body corporate must certify in writing that it has complied with subsections (1) to (4) and give a copy of the certificate to the Registrar when lodging the document for registration.

The Registrar may rely on the certificate.

This section applies in relation to a unit development on leasehold land.

The body corporate must pay the lessor the ground rental from any levies collected from the unit owners before making any other payments.

For the purposes of subsection (2), in a layered unit title development the body corporate referred to in that subsection is the head body corporate.

All meetings of a body corporate are general meetings.

A general meeting is either an annual general meeting or extraordinary general meeting.

Members of a body corporate may attend a general meeting (and members of a body corporate committee may attend a committee meeting) in person, by audio link, or by audiovisual link despite—

Subsection (3) applies on and from 25 March 2020.

This subsection and subsections (3) and (4) are repealed immediately after the expiry of the 12-week period that starts on the date on which the Epidemic Preparedness (COVID-19) Notice 2020 expires or is revoked.

The first annual general meeting of a body corporate must be held as soon as practicable, and in any event within 6 months after the earlier of the following dates:

At the first annual general meeting the body corporate must nominate and elect a chairperson in accordance with the regulations.

Subsequent annual general meetings must be held once every calendar year and not later than 15 months after the previous annual general meeting.

An extraordinary general meeting must be held in accordance with the regulations if the chairperson receives a notice that—

An annual general meeting must be called by the chairperson in accordance with the regulations.

An extraordinary general meeting of a body corporate required by section 89A must be called by the chairperson in accordance with the regulations.

An extraordinary general meeting of a body corporate may be called at any other time by the chairperson or the body corporate committee in accordance with the regulations.

A parent body corporate or parent body corporate committee must give notice of any general meeting to each of its subsidiary bodies corporate in accordance with the regulations.

The parent body corporate or parent body corporate committee must not vote on a resolution unless notice has been given.

If the parent body corporate or parent body corporate committee fails to give notice in accordance with the regulations, the vote is void.

When the subsidiary body corporate receives notice of a general meeting of its parent body corporate, the chairperson of the subsidiary body corporate must call a general meeting and that meeting must be held before the parent body corporate’s general meeting.

When the subsidiary body corporate receives notice of a general meeting of its parent body corporate committee, the subsidiary body corporate committee, if there is one, or the chairperson of the subsidiary body corporate if there is no subsidiary body corporate committee, must call a general meeting and that meeting must be held before the parent body corporate committee’s general meeting.

At the meeting, the subsidiary body corporate or subsidiary body corporate committee, as the case may be, must consider the matters on the agenda of its parent body corporate’s or parent body corporate committee’s general meeting.

Any matter on the agenda relating to a motion to be decided by—

If the ordinary resolution or special resolution—

Despite subsection (5), a subsidiary body corporate or subsidiary body corporate committee may direct the subsidiary body corporate representative to abstain from voting on any matter on the agenda if,—

A subsidiary body corporate must ensure that at all times there is a person (the subsidiary body corporate representative) appointed by it to represent it at meetings of its parent body corporate or its parent body corporate committee (if any) and must give written notice of that appointment to its parent body corporate.

The parent body corporate or parent body corporate committee is entitled to rely on that notice as conclusive evidence that the subsidiary body corporate representative named in the notice has authority to act on the subsidiary body corporate’s behalf.

The subsidiary body corporate representative may attend the general meetings of its parent body corporate or its parent body corporate committee, as the case may be.

If the subsidiary body corporate representative attends a general meeting, it must represent its body corporate or its body corporate committee—

The subsidiary body corporate representative must abstain from voting on any matter to be decided by ordinary or special resolution at a general meeting if the body corporate has not given any directions to the subsidiary body corporate representative in relation to the matter.

Any vote cast by a subsidiary body corporate representative is, in the absence of evidence to the contrary, to be treated as having been cast in accordance with subsection (2).

At a general meeting of a body corporate, the persons entitled to exercise the voting power in respect of not less than 25% of the principal units or their proxies constitute a quorum, provided that if the body corporate contains 2 or more members a quorum must be at least 2 members.

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.

A person eligible to vote at a general meeting of the body corporate (eligible voter) is a person who is of or over the age of 16 years and—

For subsection (1)(a)(ii), a person is a representative of the owner of a principal unit if—

An eligible voter may not vote unless all body corporate levies and other amounts that are from time to time payable to the body corporate in respect of his or her unit have been paid.

In the case of an eligible voter who is a subsidiary body corporate representative, the eligible voter may not vote unless all body corporate levies and other amounts that are from time to time payable to the body corporate by the subsidiary body corporate have been paid.

An eligible voter whose interest in his or her unit is subject to a registered mortgage must, if required by that mortgage, obtain the consent of the mortgagee before exercising a vote.

The payment of any body corporate levies and other amounts that are from time to time payable to the body corporate by the owner of a principal unit and that are disputed by the owner does not affect the right of that owner to dispute the payment if the sole purpose of making the payment was to exercise that owner’s entitlement to vote.

Nothing in this section prevents a mortgagee of a principal unit from—

A mortgagee must give written notice to the body corporate if it intends to exercise a vote on behalf of the owner under subsection (7)(b).

This section applies if a motion is to be decided by ordinary resolution, subject to a request for a poll, at a general meeting of a body corporate.

One vote only may be exercised for each principal unit.

A subsidiary body corporate representative has 1 vote for the principal unit that was subdivided to create the subsidiary unit title development.

For a body corporate meeting to pass an ordinary resolution, a majority in number of the eligible voters who vote on the resolution must vote in favour of the resolution.

An eligible voter whose interest in his or her unit is subject to a registered mortgage must, if required by that mortgage, obtain the consent of the mortgagee before exercising a vote.

An ordinary resolution passed under this section is subject to a request for a poll under section 99 and the motion being confirmed by that poll.

This section applies if a motion is to be decided by special resolution, subject to a request for a poll, at a general meeting of a body corporate.

One vote only may be exercised for each principal unit.

A subsidiary body corporate representative has 1 vote for the principal unit that was subdivided to create the subsidiary unit title development.

For a special resolution to pass, 75% of the eligible voters who vote on the resolution must vote in favour of the resolution.

An eligible voter whose interest in his or her unit is subject to a registered mortgage must, if required by that mortgage, obtain the consent of the mortgagee before exercising a vote.

A special resolution passed under this section is subject to a request for a poll under section 99 and the motion being confirmed by that poll.

A poll may be requested by any eligible voter voting on a motion passed by ordinary resolution under section 97 or by special resolution under section 98.

The eligible voter must request the poll in person at the meeting.

This section applies if—

One vote only may be exercised for each principal unit and only those who voted on the motion under section 97 or 98 are entitled to vote.