21Who must witness the use of the common seal?

21 Who must witness the use of the common seal?

(1) The use of the common seal on a document must be witnessed by at least 2 persons who are owners of separate lots and are members of the owners corporation.

(2) Despite subsection (1), in the case of an owners corporation with only one lot owner, the use of the seal must be witnessed by the lot owner.

S. 21(2A) inserted by No. 63/2010 s. 77(3), amended by No. 4/2021 s. 11.

(2A) Despite subsection (1), the sealing of an owners corporation certificate may be witnessed by—

(a) the registered manager; or

(b) the chairperson of the owners corporation elected under section 98.

(3) If a lot owner is a corporation, a director of the corporation may witness the document on behalf of the corporation.

(4) Each lot owner or director who witnesses the use of the common seal must record next to the seal that he or she has witnessed the use of the seal by—

(a) signing his or her name; and

(b) printing in full his or her name and address; and

(c) stating that he or she is a lot owner or a director of the corporation that is a lot owner.