Unit Title Schemes Act 2009

(1) A body corporate's decision to endorse a scheme statement must be made by a resolution without dissent unless subsection (2), (3) or (4) applies.

(2) The decision must be made by a special resolution if the scheme statement is made only for the purpose of including or omitting a by-law (other than an exclusive use by-law).

(3) The decision must be made by an ordinary resolution if the scheme statement is made only for 1 or more of the following purposes:

(a) the approval of a reinstatement process;

(b) the implementation of a stage of the progressive development of the scheme as indicated in the existing scheme statement;

(c) the implementation of a proposed plan of subdivision or proposed plan of consolidation, to the extent to which the plan:

(i) relates to the subdivision of 1 or more units or consolidation of 2 or more units; and

(ii) does not change the sum of the unit entitlements of those units; and

(iii) does not affect the common property; and

(iv) does not involve the formation of a subsidiary scheme.

(4) The decision may be made in any way the body corporate considers appropriate if the body corporate is required to lodge the scheme statement under this Act.

Note for subsection (4)

Provisions that require the body corporate to lodge the scheme statement include sections 40(5), 42(5), 59(6), 66(2), 71(4) and 98(4).

(5) The regulations may prescribe additional requirements for the endorsement of a scheme statement by the body corporate.