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Body Corporate and Community Management (Standard Module) Regulation 2020
sec.82AGeneral meetings—requirements about motions to decide requests to keep or bring an animal on to a lot or common property
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### sec.82A General meetings—requirements about motions to decide requests to keep or bring an animal on to a lot or common property
This section applies if—
under a by-law a person must make a request to a body corporate for written approval in relation to the keeping or bringing of an animal on a lot or common property; and
a decision in relation to the request may be made only at a general meeting of the body corporate.
The request must be in writing and given to the secretary or, in the secretary’s absence, the chairperson or, if the committee has not yet been chosen, the original owner.
The person to whom the request is made under subsection (2) must within 21 days after the request is made (the relevant period )—
by notice given to each owner of a lot, call a general meeting of the body corporate; and
include the request as a motion on the general meeting agenda.
If the motion is decided at the general meeting, the body corporate must give the person written notice of the decision as soon as practicable after the decision is made.
If either of the following occurs, the body corporate is taken to have decided to approve the request (a deemed decision )—
a general meeting is not called within the relevant period;
a general meeting is called within the relevant period but the body corporate does not decide the request within the period prescribed under section 82B (the prescribed period ).
The body corporate must give the person written notice of the deemed decision—
if subsection (5) (a) applies, as soon as practicable after the relevant period ends; or
if subsection (5) (b) applies, as soon as practicable after the prescribed period ends.
Also, the body corporate must include a record of the deemed decision in the minutes of the general meeting held immediately after the request is approved.
s 82A ins 2024 SL No. 40 s 67
(sec.82A-ssec.1) This section applies if— under a by-law a person must make a request to a body corporate for written approval in relation to the keeping or bringing of an animal on a lot or common property; and a decision in relation to the request may be made only at a general meeting of the body corporate.
(sec.82A-ssec.2) The request must be in writing and given to the secretary or, in the secretary’s absence, the chairperson or, if the committee has not yet been chosen, the original owner.
(sec.82A-ssec.3) The person to whom the request is made under subsection (2) must within 21 days after the request is made (the relevant period )— by notice given to each owner of a lot, call a general meeting of the body corporate; and include the request as a motion on the general meeting agenda.
(sec.82A-ssec.4) If the motion is decided at the general meeting, the body corporate must give the person written notice of the decision as soon as practicable after the decision is made.
(sec.82A-ssec.5) If either of the following occurs, the body corporate is taken to have decided to approve the request (a deemed decision )— a general meeting is not called within the relevant period; a general meeting is called within the relevant period but the body corporate does not decide the request within the period prescribed under section 82B (the prescribed period ).
(sec.82A-ssec.6) The body corporate must give the person written notice of the deemed decision— if subsection (5) (a) applies, as soon as practicable after the relevant period ends; or if subsection (5) (b) applies, as soon as practicable after the prescribed period ends.
(sec.82A-ssec.7) Also, the body corporate must include a record of the deemed decision in the minutes of the general meeting held immediately after the request is approved.
- (a) under a by-law a person must make a request to a body corporate for written approval in relation to the keeping or bringing of an animal on a lot or common property; and
- (b) a decision in relation to the request may be made only at a general meeting of the body corporate.
- (a) by notice given to each owner of a lot, call a general meeting of the body corporate; and
- (b) include the request as a motion on the general meeting agenda.
- (a) a general meeting is not called within the relevant period;
- (b) a general meeting is called within the relevant period but the body corporate does not decide the request within the period prescribed under section 82B (the prescribed period ).
- (a) if subsection (5) (a) applies, as soon as practicable after the relevant period ends; or
- (b) if subsection (5) (b) applies, as soon as practicable after the prescribed period ends.