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s 167A

Grant of further leases—generally

In force
Part 12Lease variations and grants of further leases
Division 12.2Grants of further leases

167A Grant of further leases—generally

(1)

This section applies if the owners corporation of a units plan intends to apply for the grant of a further lease of the units and common property in the units plan under—

(a)

the Planning Act 2023, section 289; or

(b)

for a units plan that subdivides land under a declared land sublease—section 167AA.

(2)

The owners corporation must—

(a)

hold a general meeting; and

(b)

include in the notice of the general meeting a statement that it intends to apply for the further leases; and

(c)

at the meeting, seek authority by ordinary resolution, to—

(i)

on behalf of each owner of a unit in the units plan, surrender the lease for each unit under the Land Titles Act 1925, section 86 (4); and

Note 1 The memorandum of surrender lodged with the registrar‑general must be accompanied by evidence of the resolution (see Land Titles Act 1925, s 86 (4) (b)).

Note 2 The Unit Titles (Management) Act 2011, sch 3, s 3.19 sets out requirements for evidence of resolutions of owners corporations.

(ii)

do anything else necessary on behalf of an owner of a unit to ensure the grant of the further leases.

Examples—par (c) (ii)

1 deal with a mortgagee in relation to the unit to obtain the mortgagee’s consent to the application for the further lease

2 sign on behalf of a unit owner any document required by the registrar‑general to ensure the grant of a further lease

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