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s 41

Adjusting unit entitlements under agreement

In force
Chapter 2Basic operation of a scheme
Part 2.3Key elements of a scheme
Division 3Scheme land
Subdivision 3Units

41 Adjusting unit entitlements under agreement

(1) Two or more unit owners may agree in writing to adjust the unit entitlements of those units if:

(a) the sum of the unit entitlements of the units will not change under the agreement; and

(b) each mortgagee of the units has consented to the agreement.

(2) The unit owners must:

(a) notify the body corporate of the agreement; and

(b) prepare a subsequent scheme statement reflecting the agreement; and

(c) request the body corporate to endorse the statement.

(3) The body corporate must, within 3 months after receiving the request, decide whether to accept the request, having regard to:

(a) section

39(5) and (6); and

(b) any advice received by the body corporate in relation to the unit entitlements.

Note for subsection (3)

The body corporate must lodge the scheme statement within 3 months after endorsing the statement if it accepts the request. See section 20(4).

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