Strata Titles (Leasehold) Amendment Act 1987 (NSW)
| STR A TA | T IT L E S | (L E A SE H O L D ) A M E N D M E N T | ACT | 1987 |
| N o. | 148 |
NEW SOUTH WALES
TABLE OE PROVISIONS
1. Short title
| 2, | Commencement |
| 3. | Amendment of Act No. 219, 1986 |
| 4, | Savings and transitional provisions |
SCHEDULE I—AMENDMENTS TO THE STRATA TITLES (LEASEHOLD) ACT 1986 CONCERNING INDIVIDUAL RIGHTS AND PRIVILEGES IN RELATION TO COMMON PROPERTY
SCHEDULE 2—MISCELLANEOUS AMENDMENTS TO THE STRATA TITLES
(LEASEHOLD) ACT 1986
SCHEDULE 3—SAVINGS. TRANSITIONAL AND OTHER PROVISIONS
STRATA TITLES (LEASEHOLD) AMENDMENT ACT 1987 No. 148
NEW SOUTH WALES
Act No. 148, 1987
An Act to amend the Strata Titles (Leasehold) Act 1986 with respect to the rights and privileges that may be conferred on individuals in relation to common property in a leasehold strata scheme and in other respects. [Assented to 30 September 1987]
| ^ | Act No. 148 |
Sirala Titles (Leasehold) Amendment 1987
BE il enacted by the Queen’s Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows:
Short title
1. This Act may be cited as the “Strata Titles (Leasehold) Amendment
| Act 1987". | ' |
| Commencement |
2. ( 1) Except as provided by this section, this Act shall commence on
the dale of assent to this Act.
(2) The several provisions of Schedules 1 and 2 shall commence on such day or days as may be appointed by the Governor and notified by proclamation published in the Gazette,
| (3) Section 3, in its application to a provision of Schedule 1 | or 2, |
commences on the day on which the provision commences.
Amendment of Act No. 219, 1986
3. The Strata Titles (Leasehold) Act 1986 is amended in the manner set
| forth in Schedules 1 | and 2. |
Saving.s and transitional provisions
4. Schedule 3 has effect.
SCHEDULE 1
(Sec. 3)
AMENDMENTS TO THE STRATA TITLES (LEASEHOLD) ACT 1986
CONCERNING INDIVIDUAL RIGHTS AND PRIVILEGES IN
RELATION TO COMMON PROPERTY
| (1) | Section 7 (Registration of strata plans)— | |
|
| Omit | "and” . |
Strata Titles (Leasehold) Amendment 1987
SCHEDULE I— continued
AMENDMENTS TO THE STRATA TITLES (LEASEHOLD) ACT 1986
CONCERNING INDIVIDUAL RIGHTS AND PRIVILEGES IN
RELATION TO COMMON PROPERTY—
| (b) | Section 7(1) (i), (j)— At the end of section 7(1) (i), insert: |
; and
| (j) | any requisition made by the Registrar-General with respect to the registration of any instrument referred to in section 87 (9) lodged in connection with registration of the plan is complied with, |
(2) Section 27 (Folio where there is common property)—
| (a) | Section 27 (2) (d)— Omit “parcel and”, insert instead “parcel,”, |
| (b) | Section 27 (2) (d)— |
After “parcel” where secondly occurring, insert “and any right of exclusive use and enjoyment, or any privilege, created by a by law of the kind referred to in section 87 (7)”.
(3) Section 87 (By-laws)—
| (a) | Section 87 (2)— Omit “ in subsection (7) or”, insert instead “by subsection” , |
| (b) | Section 87 (7), (7a)— Omit section 87 (7), insert instead: |
| (7) | Without limiting the generality of any other provision of this |
section, a by-law may, with the written consent of the lessor under the scheme and of the lessee or lessees of the lot or lots concerned, be made under subsection (2) for or with respect to conferring on the lessee of a lot specified in the by-law, or the lessees of several lots so specified—
| (a) | a right of exclusive use and enjoyment of; or |
4 Act No. 148
Si rata Titles (Leasehold) Amefidment 1987
| SCHEDULE | continued |
AMENDMENTS TO THE STRATA TITLES (LEASEHOLD) ACT 1986
CONCERNING INDIVIDUAL RIGHTS AND PRIVILEGES IN
REI VTION TO COMMON PROPERTY—t
(I ) special privileges in respect of,
the whole or any speeiticd part of the common property, upon conditions (including ihc payment of money, at specified times or as required by the body corporate, by the lessee or lessees of the lot or lots concerned) specified in the by-law.
(7 \) A by-law referred to in subsection (7) shall either—
| (a) | pro\ide that the body corporate shall continue to be responsible for the proper maintenance, and keeping in a state of good and serviceable repair, of the common property or the relevant part of it; or |
| (b) | impose on the lessee or lessees of the lot or lots concerned the responsibility for that maintenance and upkeep. |
and in the case of a by-law that confers rights or privileges on more than one lessee, any money payable by virtue of the by-law by the lessees concerned—
(c) to the body eorporate; or
| (d) | to any person for or towards the maintenance or upkeep of any common property, |
shall, except to the extent that the by-law' otherwise provides, be payable by the lessees concerned proportionately according to the relative proportions of their respective unit entitlements.
| (c) | Section 87 (9)-(10a)— |
Omit section 87 (9) and (10), insert instead—■
| (9) | If a plan lodged under section 7 for registration as a strata |
plan is accompanied by an instrument, in a form approved under the Real Property Act 1900, containing the terms of a proposed by-law of the kind referred to in subsection (7)—
| (a) | a by-law in those terms shall be deemed to have been made, and to take effect, on registration of the plan; and |
Strata Titles (Leasehold) Amendment 1987
SCHEDULE \— continued
AMENDMENTS TO THE STRATA TITLES (LEASEHOLD) ACT 1986
CONCERNING INDIVIDUAL RIGHTS AND PRIVILEGES IN
RELATION TO COMMON PROPERTY—
| (b) | the by-law so made may be amended, added to or repealed in the same way as a by-law made by the body corporate under subsection (2). |
| (10) | A by-law referred to in subsection (7), while it remains in |
force, continues to operate for the benefit of, and (subject to section 100 (5)) is binding upon, the lessee or lessees for the time being of the lot or lots specified in the by-law.
(10a) To the extent to which such a by-law makes a person directly responsible for the proper maintenance, and keeping in a state of good and serviceable repair, of any common property, it discharges the body corporate from its obligations under section 98 (l)(b ).
(4) Section 148 (Commissioner may make certain by-laws)—
Omit the section,
(5) Section 1 56 (Order revoking amendment of by-laŵ or reviving repealed
by-law)—
Section 156 (3)—
After “ lot”, insert “, or lessees of the lots,”.
(6) Section 156a—
After section 156, insert:
Orders with respect to by-laws conferring exclusive rights or privileges over common property
156a. (1) If a Board finds—
| (a) | on application made by a lessee, that the body corporate has unreasonably refused to make a by-law of the kind referred to in section 87 (7); |
6 Act No. 148
Strata 'ftties (Leasehold) Amendment 1987
| SCHEDULE | I— continued |
AMENDMENTS TO THE STRATA TITLES (LEASEHOLD) ACT 1986
CONCERNING INDIVIDUAL RIGHTS AND PRIVILEGES IN
RELATION TO COMMON PROPERTY ̂ continued
| (b) | on application made by a lessee or a body corporate, that the lessor under the leasehold strata scheme or the lessee of a lot has unreasonably refused to consent to the terms of a proposed by-law of that kind, or to the proposed amendment or repeal of such a by-law'; or |
| (c) | on application made by any interested person, that the conditions of such a by-law relating to the maintenance or upkeep of any common property are unjust, |
the Board may, subject to subsection (3), determine the application by an order prescribing tbe making, amendment or repeal, in terms of the order, of any such by-law or may, if it thinks fit, dismiss the application.
(2) In considering whether to make an order under this section, the Board shall have regard to—-
| (a) | the interests of all lessees in the use and enjoyment of their lots and common property; and |
| (b) | the rights and reasonable expectations of any lessee deriving or anticipating a benefit under a by-law of the kind referred to in section 87 (7). |
(3) The Board shall not determine an application referred to in subsection (1) (a) by an order prescribing the making of a by law in terms to which the applicant or the lessor under the leasehold strata scheme is not prepared to consent.
(4) An order under this section, when recorded under section 179, has effect, subject to any order of a superior court, as if its terms were a by-law.
(7) Section 179 (Recording in Register of effect of certain orders)—
Section 179 (1) (a )~
Omit “ 148, 155, 156, 157” , insert instead “ 1 55, 156, 156a, 157” .
Strain Titles (Leasehold) Amendment I9S7
SCHEDULE 2
(See. 3)
MISCELLANEOUS AMENDMENTS TO THE STRATA TITLES
(LEASEHOLD) ACT 1986
(1) Section 5 (Interpretation)—
| (a) | Section 5(1), definition of “Board”— Omit the definition, insert instead: |
“Board” means a Strata Titles Board constituted in accordance
with section 98a of the Strata Titles Act 1973;
(b) Section 5(1), definition of “ lessee”—
| (i) From paragraph (a), omit | (c)” . |
(ii) Omit paragraphs (b) and (c), insert instead:
|
| (e) | Section 5 (6)— Omit the subsection. |
(2) Section 86 (Meetings of body corporate)—
| (a) | Section 86 (2) (c)— Omit “where there are more than 3 lessees,” . |
| (b) | Section 86 (3)— Omit the subsection, insert instead: |
(3) For the purposes of this section, the first annual general meeting of the body corporate is—
| (a) | a meeting convened and held in accordance with subsection ( I); or |
| (b) | in default of compliance by the original lessee or lessor with that subsection— |
(i) a meeting convened and held pursuant to an order under subsection (6); or
8 Act No. 148
Strata Titles (Leasehold) Amendment 1987
SCHEDULE 2— continued
MISCELLANEOUS AMENDMENTS TO THE STRATA TITLES
(LEASEHOLD) ACT \9S6— continued
(ii) if no application is made by any person under subsection (6)—the first meeting, however convened and whenever held, of the body corporate having an agenda consisting of the items mentioned in subsection (2).
| (c) | Section 86 (6)— |
Omit "and the meeting convened by that person shall for the purposes of subsection (3) be deemed to be the meeting convened under subsection (1)”,
| (d) | Section 86 (10)— Omit the subsection. |
| (c) | Section 86 (11 )— After “order” where secondly occurring, insert “or otherwise". |
(3) Section 94 (Power of entry)—
Section 94 (3)—
After section 94 (2), insert;
(3) The body corporate shall be liable for any damage to a lot or any of its contents caused by or arising out of—
(a) the carrying out of any work referred to in this section; or
| (b) | the exercise of a power of entry conferred by this section (except to the extent that the damage arose by reason of obstruction or hindrance in contravention of subsection |
(2)).
(4) Section 99 (Strata roll)—
| (a) | Section 99 (2)— |
Omit ", the subject of the leasehold strata scheme concerned”, insert instead “and the leasehold strata scheme in general".
Strata Titles (Leasehold) Amendment 1987
SCHEDULE I^continued
MISCELLANEOUS AMENDMENTS TO THE STRATA TITLES
(LEASEHOLD) ACT \9 U — continued
| (b) | Section 99 (3)-(6)— Omit section 99 (3) and (4), insert instead; |
(3) There shall be recorded in the pages concerning a particular
lot—
(a) the lessee’s name and address for service of notices; and
| (b) | information provided under section 113 or obtained from the Register in connection with the lot. |
(4) There shall be recorded in the pages concerning the common property and the strata scheme in general—
| (a) | the leasehold strata plan number and the address of the leasehold strata scheme building; |
| (b) | the names of the original lessee and any managing agent of the body corporate and their respective addresses for service of notices; |
| (c) | the total unit entitlement of the scheme and the unit entitlement of each lot; |
| (d) | particulars of insurance effected by the body corporate, including— |
the name of the insurance company;
(ii) the number of the insurance policy;
(iii) the nature of the risk insured;
(iv) the amount of the insurance;
(v) the due date for payment of the premium; and
(vi) the date on which the premium was last paid; and
(i)
| (e) | the by-laws for the time being in force in respect of the leasehold strata scheme. |
| [0 | Act No. 148 |
Strata Titles (Leasehold) Amendment 1987
SCHEDULE 2—continued
MISCELLANEOUS AMENDMENTS TO THE STRATA TITLES
(LEASEHOLD) ACT m 8 — continued
(5) The body corporate may make or amend the entries in the roll on the basis of information—
(a) contained in the Register; or
| (b) | prov ided under section J13, to the extent that information so provided is not inconsistent with information contained in the Register. |
(6) Information provided under section 11 3 may be presumed to be consistent with information contained in the Register until the contrary is evident.
(5) Section 100 (Supply of certificates and information by body-
corporate)—
| (a) | Section 100 (1)— | |
|
instead “of the following as may be”.
| (b) | Section 100(1) (a)— |
Omit the paragraph, insert instead;
| (a) | give, in the prescribed form, a certificate that states, as at the date of the certificate, the name and address of each member of the council and of any managing agent appointed under this Act for the leasehold strata scheme and specifics in respect of the lot in relation to which the application is made— |
(i) the amount of any regular periodic contributions determined by the body corporate under section 98 (I) (k), (1) (1) and (5) and the periods in respect of which those contributions are payable;
Strata Titles (Leasehold) Amendment 198?
SCHEDULE 2— continued
MISCELLANEOUS AMENDMENTS TO THE STRATA TITLES
(LEASEHOLD) ACT \9S6^coniinned
(ii) whether there is any amount unpaid of any contributions determined under section 98 (1) (k) and (I), including any periodic contributions referred to in section 98 (5), and, if so, the amount unpaid and, in the case of a contribution levied under section 98 (1) (1), the date on which any such contribution was levied;
(iii) whether there is any amount unpaid of any contribution levied under section 98(1) (r) and, if so, the amount unpaid and the date on which it was levied;
(iv) whether there is any amount unpaid by a lessee under a b>-law referred to in section 87 (7);
(v) whether there is any amount unpaid of any contribution levied under section 188 (2) and, if so, the amount unpaid and the date on which it was levied;
(vi) whether there is any amount recoverable from the lessee of that lot under section 90 (3) or (4) and, if so, the amount recoverable;
(vii) any amount and rate of interest payable under section 89 (6) in respect of any unpaid contribution referred to in this paragraph; and
(viii) such other information as is required to complete the certificate in the form prescribed;
| (c) | Section 100(l)(c)— Omit the paragraph, |
| (d) | Section 100 (3)— |
Omit “ Information referred to in subsection (1) (a), and a certificate referred to in subsection (i) (c),” , insert instead “A certificate referred to in subsection (1) (a)”.
12 Act No. 148
Strata Titles (Leasehold) Amendment 1987
SC'HEDULE 2— continued
MISCELLANEOUS AMENDMENTS TO THE STRATA TITLES
(LEASEHOLD) ACT l9H6--contmued
| (c) | Section 100(5)— Omit “{1) (c)”, insert instead “(1) (a)” . |
(6) Section 101 (Constitation of councils)—
| (a) | Section 101 (2). (3)— Omit the subsections, insert instead: |
| (2) | The council shall consist of such number of members, being |
not more than 9. as the body corporate may determine,
| (b) | Section 101 (4)— Omit “subsection (3)” , insert instead “subsection (2)". |
| (c) | Section 101 (4)— |
Omit “or, if the number oflessccs increases to more than 3, at an extraordinary general meeting convened for the purpose”.
(7) Section 104 (Meetings of councils)—
Section 104(3)—
Omit “one-half’, insert instead “one-lhird” .
(8) Section 106 (Statutory restrictions on powers of councils)—
Omit the section.
(9) Sections 113, 113a—
Omit section 113, insert instead;
Notices to be given by lessees and others
113. (1) A person who, by virtue of the person’s interest in the leasehold of a lot, has (subject to this section and Schedule 4) the right to cast a vote (whether on the person’s own behalf or by a nominee) at meetings of the body corporate may notify the body corporate in writing of that interest,
(2) Such a notice shall specify—
(a) the person’s full name and address for service of notices;
Strata Titles (Leasehold) Amendment 1987
SCHEDULE 2— continued
MISCELLANEOUS AMENDMENTS TO THE STRATA TITLES
(LEASEHOLD) ACT \9H6— continued
| (b) | the lot concerned and the exact nature of the person’s interest in its leasehold; |
(c) the date on which the person acquired the interest; and
| (d) | if the voting entitlement conferred by the interest is one which, according to Schedule 4, is to be exercised by a nominee—the nominee’s full name and address for service of notices, |
and shall, if the interest is a mortgage, include confirmation by the mortgagor or be verified by statutory declaration of the mortgagee.
(3) If the interest is that of—
| (a) | the executor or administrator of the estate of a deceased person; or |
(b) the liquidator or receiver in bankruptcy of any person,
or some other interest arising—
(c) by operation of law or the order of any court; or
| (d) | in any manner otherwise than by transfer of the interest from some other person or the discharge of a mortgage, |
the notice shall specify the manner in which the interest arose and
shall be verified by statutory declaration.
(4) The secretary of the body corporate, if of the opinion that a person entitled or obliged to give notice under this section has not done so, may by a requisition in writing served on the person require the person—
| (a) | to state, within 14 days, whether or not the person is a person entitled or required to give notice under this section; and |
(b) if the person is such a person, to give that notice.
14 Act No. 148
Strata Titles (Leasehold) Amendment 1987
SCHEDULE 2— continued
MISCELLANEOUS AMENDMENTS TO THE STRATA TITLES
(LEASEHOLD) ACT \^%b^continued
| (5) | A person is not entitled to cast a vote at a meeting of the |
body corporate—
| (a) | if the person has not complied with a requisition served on the person under subsection (4); or |
| (b) | 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) | 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.
Notice of subleases
113a, (1) Notice of any sublease, or the assignment of any sublease, shall be given by the lessee to the body corporate within 14 days after the commencement of the sublease or the execution of the assignment.
(2) The notice shall specify—
(a) the name of the sublessee or assignee;
| (b) | the date of commencement or assignment of the sublease, as the case requires; and |
| (c) | the name of any agent acting for the lessee in respect of the sublease. |
(10) Section 125 (Charges for services)—
Omit “or drainage”, insert instead “, drainage or effluent”.
Slrata Tides (Leasehold) Amendment 1987
SCHEDULE 2— continued
MISCELLANEOUS AMENDMENTS TO THE STRATA TITLES
(LEASEHOLD) ACT 1986— continued
(11) Section 129 (Commissioner may inspect certain records)—■
| (a) | Section 129 (I)— |
Omit "Where application is made for an order under this Part in relation to a leasehold strata scheme” , insert instead "If the Commissioner informs the body eorporate that the Commissioner wishes to obtain information from the body corporate for assistance in the cxcreise of any of the Commissioner’s functions under this Act” .
| (b) | Section 129 (3)— After section 129 (2), insert: |
| (3) | No charge is payable by the Commissioner for or in |
connection with the performance by the body corporate of any
such duty.
(12) Section 132 (Reference of application to Board)—
| (a) | Section 132 (2) (a) (iii)—- Omit “and". | |
| (b) | Section 132 (2) (a) (v)— After section 132 (2) (a) (iv), insert: | |
|
(13) Section 135 (Interim orders)—
| (a) | Section 135 (2)— After “ this Division” where firstly occurring, insert “or Division | |
| ||
| (b) | Section 135 (2) (a)— |
After “this Division”, insert “or under Division 3, as the case may be,".
16 Act No. 148
Strata Titles (Lcasehuki) Amendment 1987
SCHEDULE 2~conlinucd
MISCELLANEOUS AMENDMENTS TO THE STRATA TITLES
| (LEASEHOLD) ACT | continued |
(14) Section 146 (Orders relating to keeping of animals)^—
Section 146 (2), (3)—
At the end of section 146, insert;
(2) If. pursuant to an application by the occupier of a lot in a leasehold strata scheme in respect of which clause (2) of by-law 28 in Schedule 3 (or a provision to the like effect in any by-laws) is for the time being in force, the Commissioner is satisfied—
| (a) | that the application is made with the consent of the lessee of the applicant’s lot (if the applicant is not the lessee); and |
| (b) | that the body corporate has unreasonably withheld its consent to the keeping by the applicant of an animal upon the lot or the common property, |
the Commissioner may by order declare that the applicant may keep the animal in such manner as may be specified in the order.
(3) An order under subsection (2) is binding on the body corporate and is a good defence to any action against the applicant for breach of any by-law by virtue of the keeping of the animal in a manner authorised by the order.
(1 5) Section 151 (Copy of order to be served)—
| (a) | Section 151 (Ia)— After section 151 (I), insert; |
(1a) On receipt of a copy of the order, the body corporate shall, unless the order otherwise provides, cause it to be prominently displayed, within 72 hours of its receipt and for 14 days thereafter, on the notice board maintained under the by-laws.
| (b) | Section 151 (2)— Omit “subsection (1)’’, insert instead “this section” . |
Slraia Titles (Leasehold) Amendment 1987
SCHEDULE 2— continued
MISCELLANEOUS AMENDMENTS TO THE STRATA TITLES
(LEASEHOLD) ACT 1986— continued
(16) Section 16) (Order where voting rights denied or due notice of item of
business not given)—
Section 161 (2)—
Omit “ 14” , insert instead “28”.
(17) Section 162 (Order with respect to insurance)—^
| (a) | Section 162 (I)— |
Omit "an application by the lessor under the scheme, the lessee or an enrolled mortgagee of a lease of a lot or by an authority having the benefit of a positive covenant” , insert instead:
an application by—
(a) the lessor under the scheme;
(b) the lessee or an enrolled mortgagee of a lease of a lot;
| (c) | an authority having the benefit of a positive covenant for an order under this subsection; or |
(d) any person having an interest in the leasehold of a lot.
| (b) | Section I 62 (2)— |
Omit “an application by the lessor under the scheme, a lessee or an enrolled mortgagee of a lease of a lot” , insert instead:
an application by—
(a) the lessor under the scheme;
(b) the lessee or an enrolled mortgagee of a lease of a lot; or
| (c) | any person having an interest in the leasehold of a lot. |
18 Act No, 148
Slrata Titles (Leasehold) Amendmen! 1987
SCHEDULE 2— continued
MISCELLANEOUS AMENDMENTS TO THE STRATA TITLES
(LEASEHOLD) ACT 19&6— continued
(18) Section 165 (Appeal against order of Commissioner)—
Section 165 (1 )—
Omit "prescribed fee, not later than 21 days after the order takes cHcct.”, insert instead:
prescribed fee—
(e) not later than 21 days after the order takes effect; or
(0 by leave of the Board (given on sufficient cause being shown why the application was not lodged within the lime limited by paragraph (c))—within 90 days after the order takes effect.
(19) Section 173 (Copy of order to be served)—
| Section 1 | 73 (3)— |
After section 173 (2), insert:
| (3) | On receipt of a copy of the order, the body corporate shall, |
unless the order otherwise provides, cause it to be displayed, within 72 hours of its receipt and for 14 days thereafter, on the notice board maintained under the by-laws.
(20) Schedule 3 (By-laws)—
| (a) Clause 1 1 | (Q, (g)—^ |
Omit the paragraphs, insert instead;
(0 the convening of meetings of the council and (apart from
its first annual general meeting) of the body corporate; and
| (g) | attendance to matters of an administrative or secretarial nature in eonnection with the exercise or performance, by the body corporate or the council, of its respective functions. |
Strata Titles (Leasehold) Amendment 1987
SCHEDULE 2—continued
MISCELLANEOUS AMENDMENTS TO THE STRATA TITLES
(LEASEHOLD) ACT 1986— continued
| (b) | Clause 28 (2)^ At the end of clause 28. insert: |
(2) The body corporate shall not unreasonably withhold its approval of the keeping of an animal upon a lot or the common property.
| (2 1) | Schedule 4 (Meetings, and voting at meetings, of body corporate)— | |
|
(3) Co-mortgagees are entitled to cast a vote by a person duly appointed as a proxy by all of them jointly,
(3a) A co-lessee is entitled to cast a vote at a meeting—
(a) in the absence of the other co-lessees;
| (b) | with the consent of the other co-lessees given by them at the meeting: or |
| (c) | if (in default of any consent under paragraph (b)) that co- iessec is the co-lessee first named on the strata roll, |
or by a proxy duly appointed by all the co-lessees jointly.
| (b) | Part 1. clause 3 (7)— Omit “(13) and (14)” , insert instead “(5)”. |
| (c) | Part 2, clause 5 (3), (3\)— Omit clause 5 (3), insert instead: |
(3) Co-mortgagecs arc entitled to cast a vote by a person duly appointed as a proxy by all of them jointly.
(3a) .a co-lessee is entitled to cast a vote at a meeting—
(a) in the absence of the other co-lessees;
| (b) | with the consent of the other co-lessces given by them at the meeting; or |
20 Act No. 148
Slrata Titles (Leasehold) Amcnchncnt 198?
SCHEDULE 2-—coulitnted
MISCELLANEOUS AMENDMENTS TO THE STRATA TITLES
(LEASEHOLD) ACT l986~contuiucd
| (c) | it'{in default of any consent under paragrapti (b)) that co lessee is the co-lessee first named on the strata roll, |
or by a proxy duly appointed by all the co-lcssccs jointly.
| (d) | Part 2, clause 5 (7)-— Omit “ (1^) tir'd (14)”, insert instead “(5)” . |
SCHEDULE 3
(See. 4)
SAVINGS. TRANSITIONAL AND OTHER PROVISIONS
Interpretation
1. In (his Sdiettiile. “the Principal Act” means the Strata Titles (Leasehold) Act 1986.
Lessees
2. No amendment made hy this Act affects the status, as a lessee within the meaning of the Principal Act, of any person who was such a lessee immediately before the a mend me 111 took effect
First annual Kenera! meetings <if bodies corporate
3. A meeting held before the commenccmcni of Schedule 2 (2) (b) which would (if section 86 of the Principal Act. as amended by this Act, had then been in force) have been the hi st annu.il general meeting of a body corporate, shall he deemed to have been its first annual general meeting.
By-laws concerning individual rights and privileges over common property
4. .A b\-law made in accordance with section 87 of the Principal An. a.s in force immediately hefme the eommcnccmenl of Schedule 1 (3), conimues in force as if made under that section as amended by this Act.
Liability for damage to tots
| 5. Section 94 of the Principal Act, as amended by this .Act, docs not apply in respect of any damage caused by or arising out of work | that was carried out before the |
| commencement of schedule 2(3). |
Strata Titles (Leasehold) Amendment 1987
SCHEDULE 3— continued
SAVINGS, TRANSITIONAL AND OTHER PROVISIONS—
Strata rolls
6. To the extent to which, before the commencement of Schedule 3 (4), a strata roll was kept and maintained in a manner that accords with section 99 of the Principal Act, as amended by this Act, the strata roll shall be deemed to have been validly kept and maintained.
Certifieate.s of body eorporate
7. A certificate given, before the commencement of schedule 2 (5), under section 100 (1) (c) of the Principal Act shall be deemed, for the purposes of section 100 (5) of the Principal Act, as amended by this Act, to be a certificate given under section 100 (1) (a) of that Act, as so amended.
Requirement to serve certain notices
8, Section I 32 (2) of the Principal Act, as amended by this Act, docs not apply in
respect of an application lodged before the commencement of Schedule 2 (12),
By-laws made by order of Commissioner
9, A by-law in force, immediately before the commencement of Schedule 1 (4), by virtue of an order made under section 148 of the Principal Act shall, subject to the Principal Act. as amended by this Act, continue in force and shall be deemed to be a by-law in force by virtue of an order made under section 1 56a of the Principal Act, as so amended.
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