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STRATA SCHEMES MANAGEMENT ACT 2015 - SECT 25
Order where voting rights denied or due notice of item of business not given
25 Order where voting rights denied or due notice of item of business not
given
(1) The Tribunal may, on application by a person entitled to vote on a motion
for a resolution of an owners corporation at a general meeting, order that a
resolution passed at the general meeting be treated as a nullity on and from
the date of the order.
(2) The Tribunal must not make the order unless the
Tribunal is satisfied that the resolution would not have been passed but for
the fact that the applicant for the order-- (a) was improperly denied a vote
on the motion for the resolution, or
(b) was not given due notice of the item
of business in relation to which the resolution was passed.
(3) An
application for an order may not be made unless-- (a) an application for
mediation of the dispute was made not later than 28 days after the date of the
meeting at which the resolution was passed, or
(b) if an application for
mediation was not made, the application for the order was made not later than
28 days after the date of the meeting at which the resolution was passed.
(4)
If a resolution that is to be treated as a nullity by an order changes the
by-laws and the order has been recorded in the Register under this Act, the
by-laws have force and effect on and from the date the order is so recorded to
the same extent as they would have had if the change had not been made.
(5)
Subsection (4) is subject to the by-laws having been or being changed in
accordance with this Act and to any relevant order made by a superior court.
(6) The Tribunal may not make an order under this section if an application
for an order has been made under Division 6 of Part 10 of the
Strata Schemes Development Act 2015 in relation to the same or a related
matter.
(7) The Tribunal may not make an order under this section
invalidating a decision by an owners corporation to approve, or not to
approve, the appointment of a building inspector under Part 11.
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