sec.458Facilitator’s functions under existing termination plans

sec.458 Facilitator’s functions under existing termination plans

This section applies if— before the commencement— the body corporate for a community titles scheme has passed a termination plan resolution; and the body corporate has, under section 81J, given each lot owner a copy of the termination plan in relation to the scheme; and immediately before the commencement, the body corporate has not passed a termination resolution. A facilitator appointed to implement the termination plan must, at least 2 months before the day of settlement for the contract of the sale of the scheme, give written notice to each lessee of a lot included in the scheme or other scheme land stating— the day of settlement; and if the lease is a lease mentioned in new section 81V(1)(b)—that the lessee’s lease will terminate on the settlement day under that section as it applies under subsection (4); and the day on which the owner of the lot is to provide vacant possession of the lot. Subsection (4) applies in relation to a lease of a lot or other scheme land if— the lease is in effect immediately before the day of settlement of the contract for the sale of the scheme; and the lease is any of the following— a residential tenancy agreement or rooming accommodation agreement under the Residential Tenancies and Rooming Accommodation Act 2008 ; a lease under the Retail Shop Leases Act 1994 . New section 81V(2) applies in relation to the lease as if the notice given to the lessee under subsection (2) were a notice mentioned in new section 81V(1)(a). s 458 ins 2024 No. 27 s 94 (sec.458-ssec.1) This section applies if— before the commencement— the body corporate for a community titles scheme has passed a termination plan resolution; and the body corporate has, under section 81J, given each lot owner a copy of the termination plan in relation to the scheme; and immediately before the commencement, the body corporate has not passed a termination resolution. (sec.458-ssec.2) A facilitator appointed to implement the termination plan must, at least 2 months before the day of settlement for the contract of the sale of the scheme, give written notice to each lessee of a lot included in the scheme or other scheme land stating— the day of settlement; and if the lease is a lease mentioned in new section 81V(1)(b)—that the lessee’s lease will terminate on the settlement day under that section as it applies under subsection (4); and the day on which the owner of the lot is to provide vacant possession of the lot. (sec.458-ssec.3) Subsection (4) applies in relation to a lease of a lot or other scheme land if— the lease is in effect immediately before the day of settlement of the contract for the sale of the scheme; and the lease is any of the following— a residential tenancy agreement or rooming accommodation agreement under the Residential Tenancies and Rooming Accommodation Act 2008 ; a lease under the Retail Shop Leases Act 1994 . (sec.458-ssec.4) New section 81V(2) applies in relation to the lease as if the notice given to the lessee under subsection (2) were a notice mentioned in new section 81V(1)(a).