Northern Territory Consolidated Acts

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UNIT TITLE SCHEMES ACT 2009 - SECT 41

Adjusting unit entitlements under agreement

    (1)     Two or more unit owners may agree in writing to adjust the unit entitlements of those units if:

        (a)     the sum of the unit entitlements of the units will not change under the agreement; and

        (b)     each mortgagee of the units has consented to the agreement.

    (2)     The unit owners must:

        (a)     notify the body corporate of the agreement; and

        (b)     prepare a subsequent scheme statement reflecting the agreement; and

        (c)     request the body corporate to endorse the statement.

    (3)     The body corporate must, within 3 months after receiving the request, decide whether to accept the request, having regard to:

(a)     section 39(5) and (6); and

        (b)     any advice received by the body corporate in relation to the unit entitlements.

Note for subsection (3)

The body corporate must lodge the scheme statement within 3 months after endorsing the statement if it accepts the request. See section 20(4).



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