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Building Units and Group Titles Act 1980
sch.2-sec.3Notice of meeting and contents thereof
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### sch.2-sec.3 Notice of meeting and contents thereof
Notice of the meeting shall be served on each person (other than the original proprietor) who is a proprietor or first mortgagee of a lot, as ascertained from the roll, at least 14 days before the meeting and shall—
set forth the date and time when and the place where the meeting is to be held and set forth as the agenda of the meeting the items referred to in section 29 (2) of this Act and, if an item referred to in section 29 (2A) of this Act is to be moved, that item and any other appropriate items; and
inform each person to whom the notice is addressed that the person or, where the notice is addressed to a corporation, a company nominee of the corporation, may vote at the meeting—
in the case of a proprietor of a lot subject to a mortgage shown on the roll—only in accordance with section 131 of this Act; and
except in the case of a motion requiring a unanimous resolution or resolution without dissent—only if all contributions levied and payable on the lot, and any other moneys recoverable under this Act by the body corporate from the person to whom the notice has been addressed at the date of the notice (being contributions levied on the person, or moneys recoverable from the person, in respect of the lot of which the person is the proprietor or first mortgagee) have been duly paid before the commencement of the meeting; and
either in person at the meeting or by proxy given in writing to the secretary of the body corporate before a time specified in the notice (being a time not later than the time for the holding of the meeting).
Notwithstanding subsection (1) , where the meeting referred to in that subsection is a meeting of a body corporate continued by the operation of section 5 (3) of this Act, notice of that meeting may be served on a proprietor or first mortgagee of a lot whose name does not appear on the roll by prominently displaying the notice, in the case of a building units plan, within the building on some part of the common property or, in the case of a group titles plan, on some part of the common property.
Where it is served on a first mortgagee of a lot, notice of the meeting shall include the name of the proprietor of the lot and the addresses of the lot.
A meeting shall not be held at any place outside a radius of 15km from the parcel if, prior to the commencement of the meeting, 25% of the persons entitled to vote at the meeting object to that place by notice in writing to the secretary of the committee.
sch 2 pt 1 s 3 amd 1988 No. 23 s 80 (a) ; 2005 No. 14 s 2 sch ; 2022 No. 28 s 48 sch 1
(sch.2-sec.3-ssec.1) Notice of the meeting shall be served on each person (other than the original proprietor) who is a proprietor or first mortgagee of a lot, as ascertained from the roll, at least 14 days before the meeting and shall— set forth the date and time when and the place where the meeting is to be held and set forth as the agenda of the meeting the items referred to in section 29 (2) of this Act and, if an item referred to in section 29 (2A) of this Act is to be moved, that item and any other appropriate items; and inform each person to whom the notice is addressed that the person or, where the notice is addressed to a corporation, a company nominee of the corporation, may vote at the meeting— in the case of a proprietor of a lot subject to a mortgage shown on the roll—only in accordance with section 131 of this Act; and except in the case of a motion requiring a unanimous resolution or resolution without dissent—only if all contributions levied and payable on the lot, and any other moneys recoverable under this Act by the body corporate from the person to whom the notice has been addressed at the date of the notice (being contributions levied on the person, or moneys recoverable from the person, in respect of the lot of which the person is the proprietor or first mortgagee) have been duly paid before the commencement of the meeting; and either in person at the meeting or by proxy given in writing to the secretary of the body corporate before a time specified in the notice (being a time not later than the time for the holding of the meeting).
(sch.2-sec.3-ssec.2) Notwithstanding subsection (1) , where the meeting referred to in that subsection is a meeting of a body corporate continued by the operation of section 5 (3) of this Act, notice of that meeting may be served on a proprietor or first mortgagee of a lot whose name does not appear on the roll by prominently displaying the notice, in the case of a building units plan, within the building on some part of the common property or, in the case of a group titles plan, on some part of the common property.
(sch.2-sec.3-ssec.3) Where it is served on a first mortgagee of a lot, notice of the meeting shall include the name of the proprietor of the lot and the addresses of the lot.
(sch.2-sec.3-ssec.4) A meeting shall not be held at any place outside a radius of 15km from the parcel if, prior to the commencement of the meeting, 25% of the persons entitled to vote at the meeting object to that place by notice in writing to the secretary of the committee.
- (a) set forth the date and time when and the place where the meeting is to be held and set forth as the agenda of the meeting the items referred to in section 29 (2) of this Act and, if an item referred to in section 29 (2A) of this Act is to be moved, that item and any other appropriate items; and
- (b) inform each person to whom the notice is addressed that the person or, where the notice is addressed to a corporation, a company nominee of the corporation, may vote at the meeting— (i) in the case of a proprietor of a lot subject to a mortgage shown on the roll—only in accordance with section 131 of this Act; and (ii) except in the case of a motion requiring a unanimous resolution or resolution without dissent—only if all contributions levied and payable on the lot, and any other moneys recoverable under this Act by the body corporate from the person to whom the notice has been addressed at the date of the notice (being contributions levied on the person, or moneys recoverable from the person, in respect of the lot of which the person is the proprietor or first mortgagee) have been duly paid before the commencement of the meeting; and (iii) either in person at the meeting or by proxy given in writing to the secretary of the body corporate before a time specified in the notice (being a time not later than the time for the holding of the meeting).
- (i) in the case of a proprietor of a lot subject to a mortgage shown on the roll—only in accordance with section 131 of this Act; and
- (ii) except in the case of a motion requiring a unanimous resolution or resolution without dissent—only if all contributions levied and payable on the lot, and any other moneys recoverable under this Act by the body corporate from the person to whom the notice has been addressed at the date of the notice (being contributions levied on the person, or moneys recoverable from the person, in respect of the lot of which the person is the proprietor or first mortgagee) have been duly paid before the commencement of the meeting; and
- (iii) either in person at the meeting or by proxy given in writing to the secretary of the body corporate before a time specified in the notice (being a time not later than the time for the holding of the meeting).
- (i) in the case of a proprietor of a lot subject to a mortgage shown on the roll—only in accordance with section 131 of this Act; and
- (ii) except in the case of a motion requiring a unanimous resolution or resolution without dissent—only if all contributions levied and payable on the lot, and any other moneys recoverable under this Act by the body corporate from the person to whom the notice has been addressed at the date of the notice (being contributions levied on the person, or moneys recoverable from the person, in respect of the lot of which the person is the proprietor or first mortgagee) have been duly paid before the commencement of the meeting; and
- (iii) either in person at the meeting or by proxy given in writing to the secretary of the body corporate before a time specified in the notice (being a time not later than the time for the holding of the meeting).