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BODY CORPORATE AND COMMUNITY MANAGEMENT (SMALL SCHEMES MODULE) REGULATION 2020 - REG 34
Requirement for requested extraordinary general meeting [SM, s 84]
(1) An extraordinary general meeting (a
"requested extraordinary general meeting" ) of the body corporate must be
called if a notice requesting an extraordinary general meeting to consider and
decide motions proposed in the notice is— (a) signed by or for the owners of
at least 25% of all the lots included in the community titles scheme; and
(b)
given to— (i) the secretary; or
(ii) in the secretary’s absence— (A) if
the positions of secretary and treasurer are held by 2 persons—the
treasurer; or
(B) if the committee has not yet been chosen—the original
owner.
(2) The secretary may be presumed to be absent if the notice is given
to the secretary at the address for service of the body corporate and no reply
is received within 7 days.
(3) A requested extraordinary general meeting—
(a) must be called, within 14 days after the notice is given under subsection
(1) , by the person to whom the notice is given; and
(b) must be held within
6 weeks after the notice is given. Note— Section 40 provides that, unless
the body corporate decides otherwise, a general meeting must be held at least
21 days after notice is given to the lot owners.
(4) A
requested extraordinary general meeting of the body corporate may be called
even though the body corporate’s first annual general meeting has not yet
been held.
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