Tuesday, May 17, 2022

Strata Schemes Management Act 2015 No 50

Part 12
Division 5
Section 245

Effect of certain orders imposing obligations on owners corporation | Section 245

(1)  The terms of the following orders, to the extent to which they impose a requirement on an owners corporation, are taken to have effect as a resolution of the owners corporation to do what is needed to comply with the requirement—

(a)  an order relating to a resolution under section 25 (except subsection (4)),

(b)  an order relating to interest or contributions under section 85 or 87,

(c)  an order relating to property under section 126, 127, 128, 129 or 130,

(d)  an order relating to insurance under section 174 or 175,

(e)  an order under section 232 in which the Tribunal declares that the order is to have effect as a decision of the owners corporation.

(2)  The owners corporation must cause the terms of any such order to be recorded in its minute book when it is given a copy of the order by the registrar.

(3)  If any such order specifies a period (a limitation period) during which a resolution of an owners corporation purporting to alter the effect of the order would be inoperative, a resolution passed by the owners corporation during that period has no force or effect unless—

(a)  it is a unanimous resolution, or

(b)  it is passed on a motion submitted to a general meeting after being authorised, by order, by the Tribunal.

(4)  A resolution that is so authorised and passed may amend or revoke an order before the end of a limitation period.

(5)  An application to the Tribunal for an order authorising a motion for submission to a general meeting may be made by any person who, at the time of the application, could have applied for the order to which the proposed motion relates.

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Disclaimer: Reproduced from the Strata Schemes Management Act 2015 . This website does not give legal advice or other professional advice. You should seek legal or other professional advice before acting and not rely on any of the content on this website.

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