97Resolution authorising application by owners corporation

97 Resolution authorising application by owners corporation

97 Resolution authorising application by owners corporation

(1) An owners corporation may, if authorised by resolution—

(a) make an application for assistance, or

(b) bring proceedings referred to in section 123 of the Environmental Planning and Assessment Act 1979 or section 20 (1) (e) of the Land and Environment Court Act 1979 relating to—

(i) a strata development contract or an amendment of any such contract, or

(ii) a planning approval granted in accordance with section 75 (1) of this Act or a modification of any such approval.

(2) Any vote cast by the developer (whether as an owner of a lot or as a mortgagee, covenant chargee or proxy) or by a mortgagee of the developer (whether as a mortgagee, covenant chargee or proxy) is to be disregarded in determining whether a resolution has been passed.