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s 27

Body corporate – units plan other than building development plan

In force
Part VManagement corporations
Division 1Constitution of corporations

27 Body corporate – units plan other than building development plan

(1) On and after the registration of a units plan, including a units plan relating to the first completed stage of a condominium development or on the issuing under the Real Property (Unit Titles) Act 1975 of the first freehold title to land in an estate development, there is constituted a body corporate under the name "The Proprietors –Units Plan No. ", the number to be included in the name being the number allotted to the units plan by the Registrar-General on its registration.

(2) The members of the body corporate are the persons who are proprietors, for the time being, of the units including, in the case of a corporation relating to a condominium development or estate development, the units in each completed stage of the condominium development or estate development.

(3) However, if a new body corporate (the new corporation) is constituted under this Act because of a subdivision of a part of the parcel to which the units plan relates:

(a) the new corporation must be regarded as a member of the body corporate (the parent corporation) constituted on the registration of the units plan; and

(b) the proprietors of the units resulting from the subdivision must not be regarded as members of the parent corporation.

(4) If subsection (3) applies, a reference in this Part to a proprietor constituting the parent corporation:

(a)

includes a reference to the new corporation; and

(b) does not include a reference to the proprietors mentioned in subsection (3)(b).

(5)

In this section:

(a) a reference to a units plan does not include a reference to a building development plan; and

(b) a reference to a body corporate does not include a reference to a building management corporation.

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