New South Wales Consolidated Acts
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STRATA SCHEMES MANAGEMENT ACT 2015 - SECT 22
Notice to be given to owners corporation of right to cast vote at meeting
22 Notice to be given to owners corporation of right to cast vote at meeting
(1) Person with right to vote at meetings must notify owners corporation A
person who has an interest in a lot that, subject to this Act, gives the
person a right to cast a vote either personally or by nominee at meetings of
an owners corporation must give the owners corporation written notice of that
"strata interest notice" ).
(2) Contents of strata interest notice The
strata interest notice must specify the following information and, if the
interest is a mortgage, include confirmation by the mortgagor or be verified
by statutory declaration of the mortgagee--
(a) the person's full name and an
address for service of notices,
(b) the lot concerned and the exact nature of
the person's interest in it,
(c) the date on which the person acquired the
(d) if the voting entitlement conferred by the interest is one
that, according to this Act, is to be exercised by a nominee, the nominee's
full name and address for service of notices.
Note : An address for service
of notices may be an Australian postal address or an electronic address,
including an email address (see section 261).
(3) Other matters to be
specified in notice The strata interest notice must specify the manner in
which the interest arose and be verified by statutory declaration if any of
the following applies to the interest--
(a) the interest is that of the
executor or administrator of the estate of a deceased person,
interest is that of the liquidator or receiver in bankruptcy of any person,
(c) the interest has arisen by operation of law or the order of any court,
(d) the interest has arisen in any manner otherwise than by transfer of the
interest from some other person or the discharge of a mortgage.
Owners corporation may require notice to be given The secretary of the
owners corporation, if of the opinion that a person obliged to give notice
under this section has not done so, may by a written notice given to the
person require the person--
(a) to state, within 14 days, whether or not the
person is a person required to give notice under this section, and
(b) if the
person is such a person, to give that notice.
(5) Person prevented from
casting vote if certain requirements not met A person is not entitled to cast
a vote at a meeting of the owners corporation if the person has not complied
with a notice given to the person under subsection (4) or, in the case of a
vote to be tendered through a nominee, if the nominee's full name and address
for service of notices have not been notified under this section.
in certain information to be notified A person who has given notice under this
section may by further notice advise any change of nominee or of the person's
or any nominee's address for service.
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