46Orders in relation to certain meetings

46 Orders in relation to certain meetings

(1)  If, on an application on grounds referred to in section 37(1)(j) , the Appeal Tribunal is satisfied that the provisions of the Strata Titles Act 1998 which apply in relation to the registered strata plan, or the by-laws, have not been complied with in relation to the calling or conduct of a meeting of the members of the body corporate, the Appeal Tribunal may, by order, invalidate a resolution of, or election held by, the persons present at the meeting.

(2)  The Appeal Tribunal is not required to make an order under subsection (1) if the Appeal Tribunal is satisfied –

(a) that the failure to comply with the provisions of the Strata Titles Act 1998 or the by-laws did not prejudicially affect any person; or

(b) that the resolution would have been passed, or the election would have had the same result, even if the relevant provisions had been complied with.

(3)  An application on grounds referred to in section 37(1)(j) must be made within 30 days after the date of the meeting to which the grounds relate.

(4)  If, on an application on grounds referred to in section 37(1)(k) , the Appeal Tribunal is satisfied that the body corporate has failed to hold a general meeting of its members as required under the Strata Titles Act 1998 or the by-laws, the Appeal Tribunal may, by order, appoint a person to convene a general meeting of the members of the body corporate.

(5)  An order under subsection (4) may –

(a) provide for the giving of notice of the meeting; and

(b) appoint a person to preside at the meeting; and

(c) provide, in an appropriate case, that the meeting is to be treated as the first general meeting of the body corporate, even though the time for holding that meeting may have expired; and

(d) deal with the business to be placed before the meeting and any incidental or consequential matters.