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BUILDING UNITS AND GROUP TITLES AND OTHER LEGISLATION AMENDMENT ACT 2022 - SECT 24

Amendment of sch 4 (Provisions applying to committees and office bearers)

24 Amendment of sch 4 (Provisions applying to committees and office bearers)

(1) Schedule 4 , section 3 (a) , after ‘;’—
insert —
or
(2) Schedule 4 , sections 6 and 7
omit, insert —
6 Notice of committee meetings
(1) The secretary of the committee must serve notice of a meeting of the committee on—
(a) each member of the committee; and
(b) each proprietor; and
(c) each first mortgagee of a lot.
(2) The notice must be served—
(a) at least 7 days before the meeting; or
(b) at least 2 days before the meeting, if all voting members of the committee—
(i) vote, at the last meeting of the committee held before the proposed meeting, in favour of the reduced notice period for the proposed meeting; or
(ii) agree in writing to the reduced notice period for the proposed meeting.
(3) The notice must—
(a) state when and where the meeting is to be held; and
(b) be accompanied by the agenda for the meeting.
(4) A copy of the notice must be placed on the noticeboard at least 24 hours before the meeting.
(5) Subsection (1) does not apply in relation to a person who—
(a) has given the secretary of the committee a written notice instructing the secretary that the person does not wish to be given notice of meetings of the committee; and
(b) has not withdrawn the instruction.
7 Voting in writing by members of committee
(1) This section applies if—
(a) the secretary of the committee—
(i) places a copy of a motion for a proposed resolution on the noticeboard; and
(ii) serves a copy of the motion on each member of the committee; and
(iii) gives a copy of the motion to each proprietor and first mortgagee of a lot; and
(b) a majority of the members of the committee approve the resolution in writing.
(2) The resolution is, subject to section 45(3) of this Act, as valid as if it had been duly passed at a duly convened meeting of the committee.
(3) Subsection (1)(a)(iii) does not apply—
(a) in relation to a proprietor or first mortgagee of a lot who—
(i) has given the secretary of the committee a written notice instructing the secretary that the person does not wish to be given copies of motions; and
(ii) has not withdrawn the instruction; or
(b) in an emergency.
(4) Sections 45A and 45B of this Act apply in relation to a voting member of a committee voting under this section in the same way as they apply in relation to a voting member of a committee voting at a meeting of the committee that is held.



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