NSWIn ForceAct
Strata Schemes Development Act 2015
174Notice of owner’s decision to support plan
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#### 174 Notice of owner’s decision to support plan
174 Notice of owner’s decision to support plan
> > (1) An owner may, at least 60 days after receiving a copy of the strata renewal plan but before the plan lapses, give the returning officer for the plan a notice in the approved form (a support notice) that—
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> > > (a) states the owner supports the plan, and
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> > > (b) is signed by the owner and each registered mortgagee or covenant chargee of the owner’s lot.
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> > (2) If a lot is owned by more than one person, each of those persons must sign the support notice.
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> > (3) The signature of an owner, registered mortgagee or covenant chargee (the relevant person) must be witnessed by a person who—
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> > > (a) is at least 18 years of age, and
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> > > (b) is not a party to the proposed collective sale or redevelopment to which the support notice relates.
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> > (4) A notice referred to in subsection (1) has effect as a support notice under this Part in relation to the owner’s lot on the day it is given to the returning officer.
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> > (5) In giving a support notice, an owner agrees to participate in the proposed collective sale or redevelopment under the strata renewal plan to which the notice relates.
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> > (6) In signing a support notice, a mortgagee or covenant chargee merely consents to the owner giving the notice in relation to the owner’s lot and is not bound in any way by the strata renewal plan.
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> > (7) The returning officer must—
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> > > (a) keep a record showing the number of lots for which a support notice has been given and is in effect, and
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> > > (b) if asked by an owner, advise the owner of the number of lots for which a support notice has been given and is in effect.
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> Note.
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> A support notice may be withdrawn under section 175, and ceases to have effect if it is withdrawn.