sec.85Approval for amalgamations

sec.85 Approval for amalgamations

Scheme A and scheme B may be amalgamated if the body corporate for scheme A and the body corporate for scheme B each agree, by resolution without dissent, to— the amalgamation; and the community management statement to be recorded for scheme C. If scheme A and scheme B are subsidiary schemes, the body corporate for the community titles scheme that includes scheme A and scheme B as lots must also consent to the amalgamation, but by ordinary resolution. Alternatively, scheme A and scheme B may be amalgamated if the District Court, on the application of the owner of a lot included in scheme A or scheme B, or the body corporate for scheme A or scheme B, decides it is just and equitable to amalgamate the schemes, and makes an order for amalgamating them. If schemes A and B are, or are to be, amalgamated under subsection (1) or (3) , the District Court may make an order, if it considers it is just and equitable to make the order, about— the contents of the community management statement for scheme C; or the disposition of liabilities that, immediately before the amalgamation, were liabilities of the body corporate for scheme A or scheme B. The court may make an order under subsection (4) on application by the body corporate for scheme A or B. s 85 amd 1999 No. 19 s 3 sch (sec.85-ssec.1) Scheme A and scheme B may be amalgamated if the body corporate for scheme A and the body corporate for scheme B each agree, by resolution without dissent, to— the amalgamation; and the community management statement to be recorded for scheme C. (sec.85-ssec.2) If scheme A and scheme B are subsidiary schemes, the body corporate for the community titles scheme that includes scheme A and scheme B as lots must also consent to the amalgamation, but by ordinary resolution. (sec.85-ssec.3) Alternatively, scheme A and scheme B may be amalgamated if the District Court, on the application of the owner of a lot included in scheme A or scheme B, or the body corporate for scheme A or scheme B, decides it is just and equitable to amalgamate the schemes, and makes an order for amalgamating them. (sec.85-ssec.4) If schemes A and B are, or are to be, amalgamated under subsection (1) or (3) , the District Court may make an order, if it considers it is just and equitable to make the order, about— the contents of the community management statement for scheme C; or the disposition of liabilities that, immediately before the amalgamation, were liabilities of the body corporate for scheme A or scheme B. (sec.85-ssec.5) The court may make an order under subsection (4) on application by the body corporate for scheme A or B.

• (a) the amalgamation; and
• (b) the community management statement to be recorded for scheme C.
• (a) the contents of the community management statement for scheme C; or
• (b) the disposition of liabilities that, immediately before the amalgamation, were liabilities of the body corporate for scheme A or scheme B.