Queensland Consolidated Acts

SANCTUARY COVE RESORT ACT 1985 - SECT 35

35 Notices to be given by proprietors

(1) The company and any person who, under this section, has given notice of an address for the service of notices on the company or person shall give notice in writing to the principal body corporate of an address or change of address for the service of notices on the company or person.

(2) After delivery to a transferee of an initial lot or a secondary lot of an instrument or instruments of transfer in the name of the transferee duly executed and capable of immediate registration, the transferor shall give to the principal body corporate written notice which shall identify the lot and—

(a) specify the name of the transferee in full, the address for the service of notices on the transferee, the address for the service of notices on the transferor and the date upon which the instrument was or instruments were so delivered; and

(b) bear written confirmation by the transferee of the accuracy of the information contained in the notice.

(2A) Where a transferor of an initial lot or a secondary lot fails to comply with subsection (2) , the transferee of that lot may give to the principal body corporate written notice which shall identify the lot and specify the transferee’s name in full, address for service of notices and the date upon which the instrument was or instruments were delivered to the transferee.

(3) After a person becomes entitled, otherwise than as a transferee, to be registered under the Land Title Act 1994 as the proprietor of an initial lot or a secondary lot, the person shall give to the principal body corporate written notice, in the form of a statutory declaration, which shall identify the lot and specify—

(a) by what right the person became entitled to the lot; and

(b) the person’s name, in full, the address for the service of notices on the person and the date upon which the person became entitled to the lot.

(4) Where—

(a) the principal body corporate believes that a person is required, under this section, to give a notice to it; and

(b) the principal body corporate has not received that notice;

the principal body corporate may serve a notice on that person specifying the capacity in which it believes the person is required to give the notice and requiring the person—

(c) to state, within 14 days, whether or not the person is required to give a notice in that capacity; and

(d) if the person is so required, to give that notice.

(5) Where the principal body corporate has served a notice under subsection (4) on a person whom it believes is required to give a notice to the principal body corporate under this section that person is not entitled to cast a vote at any meeting of the principal body corporate until the person gives the required notice.

(6) A vote cast at a meeting of the principal body corporate by or on behalf of a body corporate has no effect unless the principal body corporate has been given notice in writing specifying the nominee of the body corporate.

(7) A notice referred to in subsection (6) may be included in any other notice that the body corporate to which it relates or any other person is entitled under this section to give to the principal body corporate.