(1) A proprietor who
wishes to obtain an approval of a proposal that comes within section 7(2)
or 7A(2) shall serve an application on the strata company or the other
proprietor, as the case may require, and in the application shall set out
details of the proposal and such other information as may be prescribed.
(2) Where an
application is made to a strata company under subsection (1) the council
of the company shall submit the application to a general meeting of the
company convened for the purpose, or for purposes which include that purpose,
within 35 days after the application is received (the allowed period ).
(3) If the council
does not —
notice of such a meeting, within 14 days after the application is served
on the strata company, to each proprietor and registered mortgagee who has
notified his interest to the strata company; or
convene a general meeting of the company within the allowed period,
any proprietor may
convene a general meeting, in the same manner as nearly as possible as that in
which meetings are to be convened by the council, and submit the application
to that meeting.
subsection (2), a council may submit an application to a general meeting
convened by the council after the allowed period if that meeting is held
before a meeting is convened by the applicant under subsection (3).
(5) Notice in writing
of the decision on an application shall be given to the applicant —
the case of a two-lot scheme, by the other proprietor within 42 days
after the service of the application on him; and
any other case, by the strata company within 77 days after service of the
application on the company.
(6) If an application
made to a strata company or the other proprietor for approval under
section 7 is not approved, a notice under subsection (5) shall show
the ground or grounds —
disclosed by each proprietor who cast a vote of a kind referred to in
section 7(4)(c); or
which approval is refused by the other proprietors,
as the case may be.
(7) If notice of a
decision is not given to the applicant in accordance with subsection (5)
and, where applicable, subsection (6) the approval applied for is to be
taken to have been given.
[Section 7B inserted: No. 58 of 1995