Procedure for varying disclosure statements – section 26ZK(4) to (7)
18 Procedure for varying disclosure statements – section 26ZK(4) to (7)
If a disclosure statement under section 26ZI(3) of the Act:
(a) does not contain a procedure by which the disclosure statement may be varied; or
(b) contains such a procedure but the procedure does not comply with the requirements of subregulation (4),
the disclosure statement is taken to contain the model procedure for variation of disclosure statements set out in Schedule 6.
A disclosure statement is to provide for the following matters:
(a) the persons who may apply for a variation of the disclosure statement;
(b) the giving of notice of the proposed variation, including to persons who might be affected by the variation;
(c) whether the agreement of the developer to the proposed variation is required or not;
(d) whether the agreement of a majority of proprietors of building lots to the proposed variation is required or not and, if such a majority is required, whether it must be an ordinary, special or absolute majority.
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