(1) Where a special
resolution has been passed by a strata company for a scheme in which there are
3, 4 or 5 lots a proprietor who did not vote, either personally or by proxy,
in support of the resolution may apply to the State Administrative Tribunal
for an order under this section.
(2) An application
under subsection (1) cannot be made by a proprietor later
28th day after the day of the meeting at which the special resolution was
any vote in support of the resolution was cast under section 3B(5), the
56th day after the day of the meeting or the 28th day after service of notice
of passing of the special resolution on the proprietor, whichever first
(3) An order under
this section is an order declaring that a special resolution specified in the
order is to be deemed not to have been passed by the strata company.
(4) On the making of
an application by a proprietor under subsection (1), the State
Administrative Tribunal may make an order under this section if satisfied that
the other proprietors have acted unreasonably in passing the special
subsection (1) lot does not include a lot in a survey-strata scheme that
is designated as a common property lot.
[Section 103D inserted: No. 58 of 1995
s. 77; No. 55 of 2004 s. 1156(1) and (3) and 1158.]