sec.53-oc.2Notices to be given by lessees and mortgagees

### sec.53-oc.2 Notices to be given by lessees and mortgagees An original lessee and any person who, under this section, has given notice of an address for the service of notices on him or her may give notice in writing to the body corporate of an address or change of address for the service of notices on him or her. (amended) After delivery to a transferee of the lease of a lot of an instrument or instruments of transfer in the name of the transferee duly executed and capable of immediate registration, the transferor shall give to the body corporate written notice which shall identify the lot and— specify the name of the transferee in full, the address for the service of notices on the transferee, the address for the service of notices on the transferor and the date upon which the instrument was or instruments were so delivered; and bear written confirmation by the transferee of the accuracy of the information contained in the notice. Where a transferor of the lease of a lot fails to comply with subsection (2) , the transferee of the lease of the lot may give to the body corporate written notice which shall identify the lot and specify his or her name in full, address for service of notices and the date upon which the instrument was or instruments were delivered to him or her. (amended) After the delivery to a first mortgagee of an executed bill of mortgage of the lease of a lot, the mortgagee may give to the body corporate written notice of the mortgage which shall identify the lot and— specify the name of the mortgagee in full and the address for the service of notices on the mortgagee and the date on which the bill of mortgage was so delivered; and bear written confirmation by the mortgagor of the accuracy of the information contained in the notice. (amended) After the delivery to a mortgagor of a discharge of a bill of mortgage of the lease of a lot the mortgagor may give to the body corporate written notice of the discharge which shall identify the lot and the mortgage that has been discharged and— specify the date on which the discharge was so delivered; and bear written confirmation by the mortgagee of the discharge of the bill of mortgage. (amended) After the delivery by a first mortgagee of a transfer of a bill of mortgage of the lease of a lot, the transferee may give to the body corporate written notice of the transfer which shall identify the lot and— specify the name of the transferee in full and the address for the service of notices on the transferee and the date on which the transfer was so delivered; and bear written confirmation by the transferor of the accuracy of the information contained in the notice. (amended) After the entry into possession of the lease of a lot by a first mortgagee, the mortgagee may give to the body corporate written notice which shall identify the lot and specify the date on which he or she entered into possession. (amended) After granting a sublease of a lot or part of a lot, a sublessor to whom this subsection applies shall give to the body corporate written notice of the granting of the sublease which shall identify the lot, specify the name of the sublessee in full and the address for the service of notices on the sublessee and the address for the service of notices on the sublessor. (amended) This subsection applies to a sublessor who grants a sublease of a lot or part of a lot for a period of not less than 6 months except where the body corporate by resolution without dissent determines, either generally or in a particular case, that this subsection shall not apply. (amended) After the termination or assignment of any sublease of a lot or part of a lot, notice of which sublease has, under subsection (7) , been given to the body corporate, the sublessor shall give to the body corporate written notice of the termination or assignment which shall identify the lot and the lease or sublease that has been terminated or assigned and— specify the date of the termination or assignment; and in the case of an assignment— specify the name of the assignee in full and the address for the service of notices on the assignee; and bear written confirmation by the assignee of the accuracy of the information contained in the notice. (amended) After a person becomes entitled, otherwise than as a transferee of the lease of the lot, to be registered under the Land Title Act 1994 as the lessee of a lot, he or she may give to the body corporate written notice, in the form of a statutory declaration, which shall identify the lot and specify— by what right the person became entitled to the lease of the lot; and the person’s name in full, the address for the service of notices on him or her and the date upon which he or she became entitled to the lease of the lot. (amended) Where— a body corporate believes that a person, under this section, may or is required to give a notice to it; and the body corporate has not received that notice; the body corporate may serve a notice on that person specifying the capacity in which it believes the person is entitled to give the notice and requiring the person— to state, within 14 days, whether or not he or she is a person entitled or required to give a notice in that capacity; and if he or she is such a person—to give that notice. Where a body corporate has served a notice under subsection (10) on a person whom it believes to be a person entitled to give a notice to the body corporate under this section, that person is not entitled to cast a vote at any meeting of the body corporate until he or she gives the required notice. A vote cast at a meeting of a body corporate by or on behalf of a company nominee of a corporation has no effect unless the body corporate has been given notice in writing specifying the company nominee of the corporation. A notice referred to in subsection (12) may be included in any other notice that the corporation to which it relates or any other person is entitled under this section to give to the body corporate. A lessee who appoints a real estate agent or resident letting agent under the Property Occupations Act 2014 as his or her agent for the purpose of letting (within the meaning of that Act) of the lot shall forthwith give notice in writing to the body corporate of the name and business address of the agent and, upon cessation of the appointment, shall forthwith give notice in writing to the body corporate. (amended) (sec.53-oc.2-ssec.1) An original lessee and any person who, under this section, has given notice of an address for the service of notices on him or her may give notice in writing to the body corporate of an address or change of address for the service of notices on him or her. (amended) (sec.53-oc.2-ssec.2) After delivery to a transferee of the lease of a lot of an instrument or instruments of transfer in the name of the transferee duly executed and capable of immediate registration, the transferor shall give to the body corporate written notice which shall identify the lot and— specify the name of the transferee in full, the address for the service of notices on the transferee, the address for the service of notices on the transferor and the date upon which the instrument was or instruments were so delivered; and bear written confirmation by the transferee of the accuracy of the information contained in the notice. (sec.53-oc.2-ssec.2A) Where a transferor of the lease of a lot fails to comply with subsection (2) , the transferee of the lease of the lot may give to the body corporate written notice which shall identify the lot and specify his or her name in full, address for service of notices and the date upon which the instrument was or instruments were delivered to him or her. (amended) (sec.53-oc.2-ssec.3) After the delivery to a first mortgagee of an executed bill of mortgage of the lease of a lot, the mortgagee may give to the body corporate written notice of the mortgage which shall identify the lot and— specify the name of the mortgagee in full and the address for the service of notices on the mortgagee and the date on which the bill of mortgage was so delivered; and bear written confirmation by the mortgagor of the accuracy of the information contained in the notice. (amended) (sec.53-oc.2-ssec.4) After the delivery to a mortgagor of a discharge of a bill of mortgage of the lease of a lot the mortgagor may give to the body corporate written notice of the discharge which shall identify the lot and the mortgage that has been discharged and— specify the date on which the discharge was so delivered; and bear written confirmation by the mortgagee of the discharge of the bill of mortgage. (amended) (sec.53-oc.2-ssec.5) After the delivery by a first mortgagee of a transfer of a bill of mortgage of the lease of a lot, the transferee may give to the body corporate written notice of the transfer which shall identify the lot and— specify the name of the transferee in full and the address for the service of notices on the transferee and the date on which the transfer was so delivered; and bear written confirmation by the transferor of the accuracy of the information contained in the notice. (amended) (sec.53-oc.2-ssec.6) After the entry into possession of the lease of a lot by a first mortgagee, the mortgagee may give to the body corporate written notice which shall identify the lot and specify the date on which he or she entered into possession. (amended) (sec.53-oc.2-ssec.7) After granting a sublease of a lot or part of a lot, a sublessor to whom this subsection applies shall give to the body corporate written notice of the granting of the sublease which shall identify the lot, specify the name of the sublessee in full and the address for the service of notices on the sublessee and the address for the service of notices on the sublessor. (amended) (sec.53-oc.2-ssec.7A) This subsection applies to a sublessor who grants a sublease of a lot or part of a lot for a period of not less than 6 months except where the body corporate by resolution without dissent determines, either generally or in a particular case, that this subsection shall not apply. (amended) (sec.53-oc.2-ssec.8) After the termination or assignment of any sublease of a lot or part of a lot, notice of which sublease has, under subsection (7) , been given to the body corporate, the sublessor shall give to the body corporate written notice of the termination or assignment which shall identify the lot and the lease or sublease that has been terminated or assigned and— specify the date of the termination or assignment; and in the case of an assignment— specify the name of the assignee in full and the address for the service of notices on the assignee; and bear written confirmation by the assignee of the accuracy of the information contained in the notice. (amended) (sec.53-oc.2-ssec.9) After a person becomes entitled, otherwise than as a transferee of the lease of the lot, to be registered under the Land Title Act 1994 as the lessee of a lot, he or she may give to the body corporate written notice, in the form of a statutory declaration, which shall identify the lot and specify— by what right the person became entitled to the lease of the lot; and the person’s name in full, the address for the service of notices on him or her and the date upon which he or she became entitled to the lease of the lot. (amended) (sec.53-oc.2-ssec.10) Where— a body corporate believes that a person, under this section, may or is required to give a notice to it; and the body corporate has not received that notice; the body corporate may serve a notice on that person specifying the capacity in which it believes the person is entitled to give the notice and requiring the person— to state, within 14 days, whether or not he or she is a person entitled or required to give a notice in that capacity; and if he or she is such a person—to give that notice. (sec.53-oc.2-ssec.11) Where a body corporate has served a notice under subsection (10) on a person whom it believes to be a person entitled to give a notice to the body corporate under this section, that person is not entitled to cast a vote at any meeting of the body corporate until he or she gives the required notice. (sec.53-oc.2-ssec.12) A vote cast at a meeting of a body corporate by or on behalf of a company nominee of a corporation has no effect unless the body corporate has been given notice in writing specifying the company nominee of the corporation. (sec.53-oc.2-ssec.13) A notice referred to in subsection (12) may be included in any other notice that the corporation to which it relates or any other person is entitled under this section to give to the body corporate. (sec.53-oc.2-ssec.14) A lessee who appoints a real estate agent or resident letting agent under the Property Occupations Act 2014 as his or her agent for the purpose of letting (within the meaning of that Act) of the lot shall forthwith give notice in writing to the body corporate of the name and business address of the agent and, upon cessation of the appointment, shall forthwith give notice in writing to the body corporate. (amended) - (a) specify the name of the transferee in full, the address for the service of notices on the transferee, the address for the service of notices on the transferor and the date upon which the instrument was or instruments were so delivered; and - (b) bear written confirmation by the transferee of the accuracy of the information contained in the notice. - (a) specify the name of the mortgagee in full and the address for the service of notices on the mortgagee and the date on which the bill of mortgage was so delivered; and - (b) bear written confirmation by the mortgagor of the accuracy of the information contained in the notice. - (a) specify the date on which the discharge was so delivered; and - (b) bear written confirmation by the mortgagee of the discharge of the bill of mortgage. - (a) specify the name of the transferee in full and the address for the service of notices on the transferee and the date on which the transfer was so delivered; and - (b) bear written confirmation by the transferor of the accuracy of the information contained in the notice. - (a) specify the date of the termination or assignment; and - (b) in the case of an assignment— (i) specify the name of the assignee in full and the address for the service of notices on the assignee; and (ii) bear written confirmation by the assignee of the accuracy of the information contained in the notice. - (i) specify the name of the assignee in full and the address for the service of notices on the assignee; and - (ii) bear written confirmation by the assignee of the accuracy of the information contained in the notice. - (i) specify the name of the assignee in full and the address for the service of notices on the assignee; and - (ii) bear written confirmation by the assignee of the accuracy of the information contained in the notice. - (a) by what right the person became entitled to the lease of the lot; and - (b) the person’s name in full, the address for the service of notices on him or her and the date upon which he or she became entitled to the lease of the lot. - (a) a body corporate believes that a person, under this section, may or is required to give a notice to it; and - (b) the body corporate has not received that notice; - (c) to state, within 14 days, whether or not he or she is a person entitled or required to give a notice in that capacity; and - (d) if he or she is such a person—to give that notice.