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s 78

Alteration of articles

In force
Part VManagement corporations
Division 6Articles of corporations

78 Alteration of articles

(1) A corporation may, by special resolution, alter its articles by amending, rescinding or adding to its articles or by making articles in the place of articles rescinded.

(2) Subject to subsection (3) an alteration of the articles of a corporation under subsection (1):

(a) has no force or effect unless a copy of the special resolution making the alteration, certified under the seal of the corporation as a true copy, is lodged with and registered by the Registrar-General; and

(b) has force and effect on and from the date of its registration or such later date as is fixed by the special resolution.

(3) To the extent that an alteration of the articles of a corporation made under subsection (1) or (2) results in a provision of the articles:

(a) being inconsistent with this Act other than a provision in Schedule 1;

(b) imposing a duty or conferring a power on the corporation which is not incidental or ancillary to the performance of the duties or functions, or the exercise of the powers, imposed or conferred on it by this Act; or

(c) prohibiting or restricting the devolution, transfer, lease or mortgage of, or any other dealing with:

(i)

an interest in a unit; or

(ii) the equitable estate of the proprietor of a unit in the common property,

the alteration has no force or effect.

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