1Citation
These Regulations may be cited as the Cullen Bay Marina
Regulations 1993.
Bills and explanatory statements from legislation.nt.gov.au; second reading speeches from the NT Parliamentary Record (Territory Stories). Links open the official source in a new tab.
These Regulations may be cited as the Cullen Bay Marina
Regulations 1993.
In these Regulations, unless the contrary intention appears:
administrative fund means the Administrative Fund established by the Management Corporation under regulation 14.
Chairperson means the person elected as Chairperson under regulation 32.
committee means the committee of the Management
Corporation constituted under regulation 28 or 29, as the case requires.
corporation manager means the person appointed under regulation 39 to be the corporation manager.
initial period means the period ending 3 months after the day on which the Management Corporation is constituted or the day on which there are owners (other than the Developer) of lots the subject of the lots plan the sum of whose lot entitlements is not less than one third of the aggregate lot entitlement, whichever is the later.
jointly owned, in relation to a lot, means ownership of the lot by 2 or more persons whether as joint tenants or as tenants in common.
maintenance means keeping in a state of good repair within the meaning of regulation 7(c) and (d) and includes painting, renewal or replacement of fixtures and fittings where necessary and surveillance of water quality.
ordinary resolution, see regulation 52(1).
resolution without dissent, see regulation 52(3).
roll means the roll referred to in regulation 10.
secretary means the person elected as secretary under regulation 32.
sinking fund means the Sinking Fund established by the
Management Corporation under regulation 14.
special resolution, see regulation 52(2).
treasurer means the person elected as treasurer under regulation 32.
Where a lot is jointly owned or is owned by a body corporate, the owners shall, from time to time, by notice in writing to the
Chairperson, appoint a person to represent them for the purposes of this Division and Divisions 3, 4 and 5 (other than regulations
46, 61, 62 and 63) and, in that event, those Divisions apply as if the person were the owner of the lot.
The appointment of a person under subsection (1) has effect until the Chairperson receives notice in writing from the owner of the lot of the cancellation of the appointment or of the appointment of another person.
The common seal of the Management Corporation shall be kept in accordance with the directions of the committee.
The seal shall be used only by the authority of the committee and shall be affixed to an instrument or document in the presence of the secretary and at least one other committee member or, in the absence of the secretary, two committee members, who shall attest that fact and the date of the affixing of the seal by their signatures.
Notwithstanding subregulations (1) and (2), a committee member shall, for the purpose of exercising a power or performing a function delegated to the member under regulation 38, be entitled to have the custody of the common seal of the Management Corporation and to affix it to an instrument or document, and where the member so affixes it, shall attest the fact and the date of the affixing of the seal by his or her signature.
Where a committee member referred to in subregulation (3) has affixed the common seal of the Management Corporation to a document, the member shall be taken to have done so under the authority of a delegation made under regulation 38.
Until amended in accordance with subregulation (2), the address for service of notices on the Management Corporation shall be the address on the lot plan.
Where the Management Corporation in a general meeting resolves to change its address for the service of notices it shall, as soon as practicable, notify the Registrar-General in accordance with the Land
Title Act 2000 and the Registrar-General shall make the necessary amendments to the Registrar-General's records accordingly.
On and after the constitution of the Management Corporation, there shall be a committee of the Corporation, constituted in accordance with regulation 28 or 29 as the case requires, that may, subject to these Regulations, exercise the powers and perform the functions imposed or conferred on the Corporation.
The powers and functions referred to in subregulation (1) shall be exercised or performed by the committee in such manner as the
Management Corporation, by resolution passed at a general meeting, directs or, in the absence of such a resolution, in such manner as the committee thinks fit.
The functions of the Management Corporation include:
the enforcement of the By-laws;
the implementing of the decisions of the Corporation;
(c) the control, management and administration of the common property, including the maintenance of apparatus and equipment of any kind used or intended, adapted or designed for use in the provision of services in respect of, or for the use and enjoyment of, the common property, the mooring basin and associated activities including the mooring, servicing, provisioning and fuelling of marine vessels; and
(d) the maintenance in a state of good repair and proper order of the common property and all chattels in its possession, custody or control, including personal property vested in the Corporation.
The Management Corporation has the powers and functions conferred or imposed on it by or under the Act and these Regulations and, subject thereto, has the control, management and administration of the common property.
The Management Corporation may do such things as are incidental or ancillary to the exercise of its powers and the performance of its functions.
(1) The Management Corporation shall cause to be kept proper records of:
(a) notices under these Regulations or any other Act, given by or to the Corporation; and
orders made by a court or tribunal and served on the Corporation.
(2) The Management Corporation shall cause to be kept and maintained, for not less than 10 years:
(a) minutes of its meetings which shall include particulars of motions passed at its meetings;
its books of accounts; and
the records referred to in subregulation (1).
(1) The Management Corporation shall prepare and maintain a roll which shall include:
a copy of the By-laws;
a copy of insurance policies relating to the common property; and
particulars in relation to each lot.
The Management Corporation shall maintain the roll:
in such form or combination of forms;
in such medium or combination of mediums; and
in such manner,
as it thinks fit.
(3) A reference to a medium in subregulation (2) includes, but is not limited to, a computer, micro film or paper.
(4) In relation to subregulation (1)(c), particulars relating to each lot shall be entered on a separate page or part of the roll.
(5) The information required to be entered in the roll relating to a lot shall include particulars of:
the lot entitlement;
the name and address of:
the owner of the lot for the service of notices; and
(ii) the person appointed by the owner by notice in writing given to the Management Corporation to represent the member at meetings of the Corporation;
(c) if the lot is in possession of a mortgagee, the entry into possession of the lot by the mortgagee in accordance with a written notice given to the Management Corporation; and
(d) the name and address of a person who has become entitled, other than as a transferee, to the lot in accordance with a written notice given to the Management Corporation.
(6) The information required to be entered in the part of the roll relating to the common property shall include a copy of each policy of insurance in relation to the common property which shall include particulars of:
the name of the insurance company and the number of the policy;
(b) the nature of the risk insured against and the amount of the insurance; and
(c) the date on which the premium was last paid, the amount of the premium and the due date for payment.
For the purposes of this regulation:
an owner or the mortgagee of a lot;
(b) a person authorised in writing by the owner or mortgagee of a lot; or
(c) a person who signs (by himself or by his agent) a contract for sale or other instrument that is intended to bind the person (absolutely or conditionally) to purchase a lot in respect of which the application is made from the owner of that lot or a person authorised in writing by the first mentioned person,
may, at a reasonable time, on payment of a reasonable fee determined by the Management Corporation, inspect that part of the roll, or obtain from the Management Corporation a copy of that part of the roll, relating to the lot.
The Management Corporation shall keep proper books of account in respect of money received or expended by the Corporation, showing the items in respect of which the money was received or expended.
The Management Corporation shall cause to be prepared from the account books a proper statement of accounts of the Corporation in respect of each period commencing on the date of its incorporation or the date to which the previous statement was prepared and ending on a date not earlier than 3 months before each annual general meeting.
(1) The Management Corporation shall, within one month after the expiration of the initial period, and from time to time as it thinks fit, determine the amount necessary to be raised for the period (not exceeding 12 months) specified in the determination, by way of contributions for the purpose of meeting the liabilities that the Corporation may reasonably be expected to incur or that it has incurred during the period including:
(a) costs incurred in exercising its powers and performing its functions under these Regulations, other than liabilities referred to in subregulation (2);
(b) the costs of carrying out maintenance of the common property and all chattels in its possession, custody or control including personal property vested in the Corporation; and
the payment of premiums for insurance of the common property.
(2) The Management Corporation shall, within 12 months after the expiration of the initial period and from time to time as it thinks fit, determine the amount necessary to be raised for the period (not exceeding 12 months) specified in the determination, by way of contributions for the purpose of meeting the Corporation's actual or expected liabilities in respect of:
(a) the maintenance of part of the common property that is a building, wall or other structure;
(b) subject to regulations 19 and 36, improvements to the common property;
the acquisition of personal property;
(d) the renewal or replacement of fixtures or fittings comprised in the common property or in personal property vested in the Corporation;
(e) money in respect of a liability that the Corporation is not in a position to pay immediately and for which it is not required to levy contributions to meet the liability; or
(f) liabilities expected to be incurred in relation to which payment is to be made out of the sinking fund.
(3) Where the Management Corporation becomes liable for a sum for which it has insufficient funds to enable it to pay, it shall determine the amount necessary to be raised by way of contributions for the purpose of meeting the liability.
(4) A determination made by the Management Corporation under this regulation may specify that the amounts to be raised shall be raised by regular periodic contributions as specified in the determination.
Showing the first 12 of 76 provisions. See all provisions