South Australian Current Acts

COMMUNITY TITLES ACT 1996 - SECT 149

149—Relief where unanimous or special resolution required

        (1)         Where—

            (a)         this Act or the by-laws require the passing of a unanimous resolution and the community corporation passes a special or ordinary resolution but not a unanimous resolution; or

            (b)         this Act or the by-laws require the passing of a special resolution and the corporation passes an ordinary resolution but not a special resolution,
the corporation, or a member of the corporation who voted for the resolution or whose vote was cast by another person for the resolution, may apply to the District Court or the Magistrates Court to have the resolution declared sufficient for the purposes of this Act and, if the court makes that order, the resolution will be taken to be a resolution of the kind required by this Act or the by-laws.

        (2)         Notice of an application must be served on—

            (a)         every person who voted against the resolution and every person who was entitled to exercise the power of voting conferred under this Act but who did not exercise that power in relation to the resolution; and

            (b)         any other person whom the court declares to have a sufficient interest in the proceedings to require that the person should be served with notice of the application,

and the court may direct that any person served with, or to be served with, notice of the application be joined as a party to the proceedings.

        (3)         The court should not order a party who opposes an application under this section to pay the costs of a successful applicant unless the court considers the actions of that party in relation to the application were unreasonable.