Saturday, September 26, 2020

Strata Schemes Management Act 2015 No 50

Part 2
Division 3
Section 22

Notice to be given to owners corporation of right to cast vote at meeting | Section 22

(1) Person with right to vote at meetings must notify owners corporation A person who has an interest in a lot that, subject to this Act, gives the person a right to cast a vote either personally or by nominee at meetings of an owners corporation must give the owners corporation written notice of that interest (a strata interest notice).

(2) Contents of strata interest notice The strata interest notice must specify the following information and, if the interest is a mortgage, include confirmation by the mortgagor or be verified by statutory declaration of the mortgagee—

(a)  the person’s full name and an address for service of notices,

(b)  the lot concerned and the exact nature of the person’s interest in it,

(c)  the date on which the person acquired the interest,

(d)  if the voting entitlement conferred by the interest is one that, according to this Act, is to be exercised by a nominee, the nominee’s full name and address for service of notices.

Note.

An address for service of notices may be an Australian postal address or an electronic address, including an email address (see section 261).

(3) Other matters to be specified in notice The strata interest notice must specify the manner in which the interest arose and be verified by statutory declaration if any of the following applies to the interest—

(a)  the interest is that of the executor or administrator of the estate of a deceased person,

(b)  the interest is that of the liquidator or receiver in bankruptcy of any person,

(c)  the interest has arisen by operation of law or the order of any court,

(d)  the interest has arisen in any manner otherwise than by transfer of the interest from some other person or the discharge of a mortgage.

(4) Owners corporation may require notice to be given The secretary of the owners corporation, if of the opinion that a person obliged to give notice under this section has not done so, may by a written notice given to the person require the person—

(a)  to state, within 14 days, whether or not the person is a person required to give notice under this section, and

(b)  if the person is such a person, to give that notice.

(5) Person prevented from casting vote if certain requirements not met A person is not entitled to cast a vote at a meeting of the owners corporation if the person has not complied with a notice given to the person under subsection (4) or, in the case of a vote to be tendered through a nominee, if the nominee’s full name and address for service of notices have not been notified under this section.

(6) Changes in certain information to be notified A person who has given notice under this section may by further notice advise any change of nominee or of the person’s or any nominee’s address for service.

© State of New South Wales Department of Customer Service. For current information go to www.nsw.gov.au.

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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