South Australian Current Acts

STRATA TITLES ACT 1988 - SECT 46

46—Relief where unanimous resolution required

        (a1)         In this section—

"relevant court" means the Court or the Magistrates Court.

        (1)         Where a unanimous resolution is necessary under this Act before an act may be done and that resolution is not obtained but the resolution is supported to the extent necessary for a special resolution, a person included in the majority in favour of the resolution may apply to a relevant court to have the resolution declared sufficient to authorise the particular act proposed and, if the court so orders, the resolution will be taken to have been passed as a unanimous resolution.

        (2)         Notice of an application under subsection (1) must be served on—

            (a)         every person who was entitled to exercise the power of voting conferred under this Act and did not, either in person or by proxy, vote in favour of the resolution; and

            (b)         any other person whom the court declares to have a sufficient interest in the proceedings to require that the person should be served with notice of the application,

and the court may direct that any person served with, or to be served with, notice of proceedings under this subsection be joined as a party to the proceedings.

        (3)         The court should not order a party who opposes an application under this section to pay the costs of a successful applicant unless the court considers the actions of that party in relation to the application were unreasonable.