Unit Titles Regulations 2002

regulation 18

1. Interest holders

In this Schedule:

interest holder means:

(c) the proprietor of a unit into which a building lot is further subdivided;

(d) a person who has a registered estate or interest in a building lot or in a unit or common property into which a building lot is further subdivided (including an estate or interest claimed under a registered caveat); or

(e) if a proposed variation of the disclosure statement relates or may relate to an insurance claim – the insurer in respect of the claim.

ordinary resolution means a resolution approved by 50% or more of the interest holders, whether present or represented by proxy.

2. Power to vary disclosure statement

(a) ordinary resolution of interest holders at a meeting held in accordance with clauses 5 and 6; or

(b) all interest holders approving a resolution circulated in accordance with clause 7.

(2) A disclosure statement cannot be varied in a manner that would have the effect of overriding the development permit issued under section 53 of the Planning Act 1999 in respect of the building development.

3. Proposal for variation

(c) the proprietor of a unit into which a building lot is further subdivided; or

(d) a person who has a registered estate or interest in a building lot or in a unit into which a building lot is further subdivided (including an estate or interest claimed under a registered caveat).

(2) A variation of the disclosure statement can only be initiated by a proposal referred to in subclause (1) if the variation:

(b) is necessary to ensure that the use or enjoyment of a unit by its proprietor or occupier is not adversely affected.

(3) A variation of the disclosure statement need not be initiated by a proposal referred to in subclause (1) if:

(a) the variation is to correct an error in the disclosure statement; or

(b) the disclosure statement specifies that the variation may be approved by all interest holders signifying their approval on the disclosure statement as varied.

4. Notice of proposal to vary disclosure statement

(1) The proponent of a variation of the disclosure statement must give written notice of the proposed variation to all interest holders.

(b) a copy of the resolution to vary the disclosure statement, detailing the proposed variation;

(c) details of compensation or other moneys to be paid to an interest holder who may be adversely affected by the proposed variation if approved; and

(d) a brief statement of reasons for and against the proposed variation.

(c) by sending it by facsimile transmission or electronic mail to the interest holder.

(4) The developer must display the notice and accompanying documents prominently on the Building Development Parcel until the time for the meeting referred to in clause 5, or return of the documents referred to in clause 7, has expired.

5. Variation approved at meeting of interest holders

(1) If the proponent of a variation of the disclosure statement intends that the proposed variation be put to a meeting of interest holders, the notice under clause 4(1):

(b) is to be accompanied by a form for the appointment of a proxy; and

(c) is to be given to all interest holders at least 21 days before the date of the meeting.

(2) The proponent of the variation must take reasonable steps to ensure that the date, time and place of the meeting is reasonably convenient to a majority of the interest holders.

(3) The quorum for a meeting under this clause is 75% of all interest holders, whether present or represented by proxy.

6. Proxies

(1) An interest holder who is entitled to attend a meeting of interest holders for the purpose of considering a proposed variation to the disclosure statement may appoint a person as a proxy to attend and vote for that interest holder at the meeting.

(2) A proxy appointed to attend and vote for an interest holder has the same rights as the interest holder.

(3) An appointment of a proxy is to be signed by the interest holder and is to include:

(c) the meeting or meetings at which the appointment may be used or, if the proxy is a standing proxy, a statement to that effect.

7. Variation approved by circulating resolution

(1) A proposed variation of the disclosure statement may be approved if all interest holders sign a document containing a statement that they approve the resolution to vary the disclosure statement set out in the document.

(2) Separate copies of the document referred to in subclause (1) may be used for signing if the wording of the statement and resolution is identical in each copy.

(3) If the proponent of a variation of a disclosure statement intends that the proposed variation be put to interest holders by circulating a document as described in subclause (1), the notice under clause 4(1) is to contain a time and date by which, and a place to which, the document is to be returned.

(4) An interest holder who does not respond to a document circulated under subclause (1) by the end of the time specified in the notice under clause 4(1) is taken to have approved the resolution to vary the disclosure statement set out in the document.

8. Amendment of proposed variation

(1) The proponent of a variation of the disclosure statement may amend the proposed variation in accordance with this clause.

(2) A meeting of interest holders called and conducted in accordance with clauses 4, 5 and 6, at which 75% of interest holders are present or represented by proxy, may by ordinary resolution vote to amend the proposed variation of the disclosure statement.

(3) The proposed variation as amended may then be approved by ordinary resolution at that meeting.

(4) A proposed variation of a disclosure statement that has been put to interest holders by circulating a document in accordance with clause 7 may be amended:

(a) by amending that document, providing the amended document to all interest holders, and giving them an additional 21 days after the expiry of the time for return of the original document in which to return the amended document; or

(b) by calling and conducting a meeting of interest holders in accordance with clauses 4, 5 and 6 for the purpose of amending and putting the proposed variation.

(5) The notice of a meeting called under this clause need not be accompanied by:

(b) details of compensation or other moneys to be paid to an interest holder who may be adversely affected by the proposed variation if amended and approved; or

(c) details of the manner in which it is proposed that the unit plan be altered, including any necessary alteration to the schedule of unit entitlements,

unless the amendment of the proposed variation alters the previous proposed arrangements for compensation or unit entitlements.

(6) The developer must display prominently on the Building Development Parcel:

(a) if subclause (2) or (4)(b) applies – a copy of the proposed variation as amended, together with the notice of the meeting and accompanying documents, until the time for the meeting referred has expired; or

(b) if subclause (4)(a) applies – the amended document, together with notice of the additional period for return of the amended document, until the time for return of the amended document referred to in subclause (4)(a) has expired.

9. Variation must be lodged with Registrar-General

(1) The variation of a disclosure statement is of no effect unless it is lodged with the Registrar-General. (See section 26ZK(8)(b) of the Unit Titles Act 1975.)

(2) A variation of a disclosure statement lodged for registration under subclause (1) is to be accompanied by a statement setting out the percentage of interest holders who approved the variation. (See regulation 19 of the Unit Titles Regulations 2002.)