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reg 27A

Process to grant special privileges by ordinary resolution

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27A Process to grant special privileges by ordinary resolution

(1) Before granting a special privilege in respect of a matter specified in regulation 27, the corporation must by written notice invite each member of the corporation to make a submission within 20 business days after the date of the notice.

(2) In deciding to whether to grant the special privilege, the corporation must consider the following:

(a) any submissions received in response to the invitation under subregulation (1);

(b) any potential loss of, or damage to, property in connection with the special privilege;

(c) whether the decision is consistent with any previous decisions of the corporation granting a special privilege in accordance with regulation 27;

(d) any potential loss of enjoyment or amenity of members of the corporation in connection with the special privilege, other than any effect granting the special privilege has on aesthetics.

(3) A decision on whether to grant the special privilege must not be made within the period of 20 business days specified in subregulation (1).

(4)

Before the corporation grants the special privilege:

(a) the corporation and the person receiving the grant of the special privilege may enter into an agreement providing for obligations of the person in respect of the special privilege; and

(b) the person receiving the grant of special privilege must indemnify in writing the corporation against any liability or claims arising from, or damage done to the common property in the course of, exercising the special privilege.

(5) The corporation must not enter into an agreement under subregulation (4)(a) unless satisfied the agreement addresses each of the following in respect of exercising the special privilege:

(a)

obligations for maintenance and repair;

(b)

insurance;

(c)

security for damages;

(d)

approvals, building permits and occupancy certification.

Part 9 Miscellaneous

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