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STRATA TITLES ACT 1985 - SECT 103

103 .         Order calling first annual general meeting of strata company

        (1)         If the first annual general meeting of the strata company is not convened in accordance with section 49 or, having been so convened, is not held, the State Administrative Tribunal may, pursuant to an application by the strata company, a proprietor or a mortgagee of a lot, appoint by order a person to convene a meeting of the strata company within such time as may be specified in the order and the meeting convened by that person shall be deemed to be the meeting convened under that section.

        (2)         At any time after the meeting convened under subsection (1) has been held, the State Administrative Tribunal may, pursuant to an application made by a proprietor or a mortgagee of a lot, appoint by order a person, nominated by the proprietor or mortgagee, who has consented to that nomination —

            (a)         if there is not a council of the strata company, to convene a meeting of the strata company within such time as may be specified in the order and a meeting so convened shall, for the purpose of the election of a council, be deemed to be the first annual general meeting of the strata company; or

            (b)         if there is not a chairman, secretary and treasurer of the council of the strata company, to convene a meeting of the council of the strata company within such time as may be specified in the order and a meeting so convened shall be deemed to have been convened by that council.

        (3)         An order made under subsection (1) or (2) may include such ancillary or consequential provisions as the State Administrative Tribunal thinks fit.

        (4)         Notwithstanding Schedule 1, where an order made under subsection (1) or (2) so provides —

            (a)         the person appointed by the order to convene a meeting of a strata company shall preside at the meeting and, while he so presides, shall be deemed to be the chairman of the strata company; and

            (b)         notice of that meeting may be given in the manner specified in the order.

        (5)         Where a meeting of the strata company convened in accordance with this section is held after the time limited under this section for the holding of the meeting, it does not on that account fail to be the first annual general meeting of the strata company.

        (6)         An original proprietor who has failed to convene and hold a meeting of the body corporate in accordance with section 49 remains liable to the penalty provided by that section notwithstanding that an order is made under subsection (1) or that a meeting is convened and held pursuant to such an order.

        [Section 103 amended: No. 55 of 2004 s. 1156(1) and (3).]



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