New South Wales Consolidated Acts

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Decision to apply for order

178 Decision to apply for order

(1) If the required level of support for a strata renewal plan for a strata scheme is obtained:
(a) the secretary of the owners corporation, or a member of the strata renewal committee, must convene a general meeting of the owners corporation for the purpose of deciding whether to apply to the court for an order to give effect to the plan, and
(b) the owners corporation may, by resolution, decide to apply to the court for the order.
(2) To remove doubt, an application for an order may be made by the owners corporation even if an owner of a lot in the strata scheme at the time the application is made is not an owner who gave a support notice for the strata renewal plan.
Note : Under section 176 (5), a subsequent owner of a lot may be taken to have given a support notice under this Part.
(3) However, the owners corporation must not apply for an order unless it is satisfied that the strata renewal plan complies with section 170.
(4) The secretary of the owners corporation must, within 14 days after a decision is made to apply for an order, give written notice of the decision to each tenant of a lot in the strata scheme whose name has been notified to the owners corporation as a tenant of the lot in accordance with the Strata Schemes Management Act 2015 .

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