Body Corporate and Community Management Act 1997
sec.74Reinstatement process under resolution without dissent
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sec.74 Reinstatement process under resolution without dissent
The body corporate for a community titles scheme the scheme land for which includes the whole or part of the building may, by resolution without dissent, approve a process for reinstating the building in whole or part. However, the resolution approving the process— has effect only to the extent that it applies to a part (the affected area ) of the building that is scheme land; and is of no effect unless each person who is an insurer of the affected area or part of the affected area also approves the process. The process as approved may include anything the court may order in approving a process under this part. (sec.74-ssec.1) The body corporate for a community titles scheme the scheme land for which includes the whole or part of the building may, by resolution without dissent, approve a process for reinstating the building in whole or part. (sec.74-ssec.2) However, the resolution approving the process— has effect only to the extent that it applies to a part (the affected area ) of the building that is scheme land; and is of no effect unless each person who is an insurer of the affected area or part of the affected area also approves the process. (sec.74-ssec.3) The process as approved may include anything the court may order in approving a process under this part.
- (a) has effect only to the extent that it applies to a part (the affected area ) of the building that is scheme land; and
- (b) is of no effect unless each person who is an insurer of the affected area or part of the affected area also approves the process.