New South Wales Consolidated Acts

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STRATA SCHEMES DEVELOPMENT ACT 2015 - SECT 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:
(a) states the owner supports the plan, and
(b) is signed by the owner and each registered mortgagee or covenant chargee of the owner's lot.
(2) If a lot is owned by more than one person, each of those persons must sign the support notice.
(3) The signature of an owner, registered mortgagee or covenant chargee (the
"relevant person" ) must be witnessed by a person who:
(a) is at least 18 years of age, and
(b) is not a party to the proposed collective sale or redevelopment to which the support notice relates.
(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.
(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.
(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.
(7) The returning officer must:
(a) keep a record showing the number of lots for which a support notice has been given and is in effect, and
(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.
Note : A support notice may be withdrawn under section 175, and ceases to have effect if it is withdrawn.



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