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s 28

Body corporate – building development plan

In force
Part VManagement corporations
Division 1Constitution of corporations

28 Body corporate – building development plan

(1) On the registration of a building development plan there is constituted a body corporate under the name "The Proprietors – Building Development Plan No. ", the number to be included in the name being the number allotted to the building development plan by the Registrar-General on its registration.

(2) Despite subsection (1), the body corporate may call itself by another name.

(3)

That other name:

(a) must include the words "Building Management Corporation"; and

(b)

must be registered with the Registrar-General.

(4) The members of the body corporate are the persons who are proprietors, for the time being, of the building lots.

(5) 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 building development 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 building development plan; and

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

(6) If subsection (5) 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 (5)(b).

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