(1) Powers of
voting conferred under this Act may be exercised —
the case of a proprietor who is an infant, by his guardian;
the case of a proprietor who is for any reason unable to control his property,
by the person who for the time being is authorised by law to control his
(2) Where the District
Court, upon the application of the strata company or of a proprietor or of a
mortgagee in possession, is satisfied that there is no person able to vote in
respect of a lot or that the person able to vote in respect of a lot cannot be
found, the District Court —
shall, in cases where a unanimous resolution is required by this Act; and
in any other case,
appoint the Public
Trustee under the Public Trustee Act 1941 , or some other fit and proper
person, for the purpose of exercising such powers of voting under this Act as
the District Court shall determine.
(3) The District Court
may order service of notice of an application under subsection (2) on
such persons as it thinks fit or may dispense with service of that notice.
(4) On making an
appointment under subsection (2), the District Court may make such order
as it thinks necessary or expedient to give effect to the appointment,
including an order as to the payment of costs of the application, and may vary
any order so made.
(6) Where the interest
of a proprietor in a lot is subject to a registered mortgage, a power of
voting conferred on a proprietor under this Act —
(a) in a
case where a unanimous resolution is required, shall not be exercised by the
proprietor, but shall be exercised by the mortgagee under such a mortgage
first entitled in priority; and
other cases, may be exercised by the mortgagee first entitled in priority and
shall not be exercised by the proprietor when that mortgagee is present
personally or by proxy.
Subsection (6) does not apply unless the mortgagee concerned has given
written notice of his mortgage to the strata company.
[Section 50 amended: No. 58 of 1995
s. 47 and 93(1).]