If a meeting of the legal person is not held in accordance with paragraph (a) (i) or paragraph (aa) (i), the referee may, in terms of an application by an owner or first mortgagee of a lot, designate , by order , a person to convene a general meeting within such time as is specified in the order and the meeting convened by that person is for the purposes of this Act (except section 29 (4 )) the first annual general meeting of the body corporate. 34;sinking fund" means the fund established by a legal person under section 38 (4) and includes a fund established under section 38 (1) (m) of the Building Units and Group Titles Act 1980 before the repeal of that section by Provided further that where a redistribution affects common property or creates additional common property, the approval of the juristic person is required by decision without differences.
In respect of each parcel of land there will be: (a) in favor of the owner of the parcel of land and as a related party.
Duties and powers of the corporate body related to property, etc. a) control, management and administration of the common property for the benefit of the owners; For the purposes of the Land Act 1962-1987, the body corporate shall be deemed to be the owner or registered owner in fee simple of the land comprising the parcel. in common property by the owner of the lot. A body corporate may, on such terms as it thinks fit, upon the application of an owner of a lot, by resolution without objection, authorize the owner of the lot to make improvements (including the erection or installation of fixtures and fittings) on or on common property for the benefit of that owner.
The body corporate shall from time to time, in accordance with section 32, impose on each person liable therefor a contribution to increase the sums mentioned in section 38A (1), (2) and (3). A body corporate may borrow money and secure repayment thereof and any interest in such manner as may be agreed upon by the body corporate and the lender. Duty of body corporate to keep records, call meetings, etc. a) cause proper records to be kept of notices given to the body corporate under this or any other act and of any order made under this law and delivered to the body corporate whether before or after the commencement of the Amendment Act of Building Units and Group Titles Act 1988;
For the purposes of subsection (1)(c), there shall be shown in respect of each item shown in any statement of accounts of the body corporate, other than the first statement after the incorporation of the body corporate, the corresponding amount (if any) as in end of the immediately preceding financial year and where the financial years are not equal in length, the periods covered must be clearly indicated by note or otherwise. If the statement of accounts does not include an item corresponding to an item in the statement of accounts at the end of the immediately preceding financial year, that previous item and its amount shall be shown. In this subsection the expression "prescribed notice" or "prescribed notice" means the relevant notice or, as the case may be, notices given to the body corporate under section 53.
Supply of information, certificates and copies by body corporate
A resolution pursuant to paragraph (a) shall cease to be a resolution of the body corporate if the owner of any lot ceases to be permanently resident therein. Provided that this paragraph (b) shall not apply to a secretary or treasurer of the body corporate who is not a member of the committee;. A meeting called and held under an order of the judge made under paragraph (b) because there is no committee member, for the purpose of electing the chairman, secretary and treasurer of the body corporate and other committee members , shall be deemed to be the first annual general meeting of the body corporate.
The fourth schedule applies to and in relation to the board of the legal entity, the president, secretary and treasurer of the legal entity and other members of the committee. 56 BUILDING UNITS AND GROUPS OF TITLE ACT 1980-1988 s.SS the original owner under subsection (1) in accordance with the terms of the contract. A company that displays and provides certain notifications. a) immediately causes the notification or its copy to be visibly displayed within the plot on some part of the common property;.
Order with respect to certain consents affecting common property
Where, on the application of the owner or mortgagor in possession (whether himself or another person) for an order under this section, the judge considers that any amount of contribution levied under section 32 or determined under section 38A, inadequate or excessive or that the method of payment of contributions is unreasonable, the Magistrate may-. a) order a change of amount;. Order on the appointment of the head of the company to exercise or exercise certain powers, etc. a) due to the issuance of an order pursuant to this part, a duty is imposed on the legal entity;. Where, on an application by a body corporate for an order under this section, the judge considers it reasonable to do so, he may order that the date specified in the order and which occurs after the order is made shall be deemed to be the anniversary of the first annual general meeting for the purposes of the section of this Act of the shareholders of the body corporate, each subsequent anniversary of that date being deemed for the purposes of this Act to be the anniversary of the first annual meeting of shareholders of the body corporate instead of the anniversary of the date on which the first annual meeting of shareholders was actually held.
A person who, in connection with the application for the ruling, has duly submitted written submissions to the referee; or (c) being an order requiring a person to do or refrain from doing. do a certain action, the person,. may appeal to a panel the judge's order by filing a written notice of appeal with the judge, accompanied by the prescribed fee, within 21 days of the order becoming effective. Each notice shall be accompanied by a copy of the notice of appeal and shall indicate the court to hear the appeal. In deciding an appeal from an order of the judge, a tribunal must-. (a) the court may, if the court thinks it proper to do so, admit evidence other than that before the judge when he made the order.
Time at which order takes effect. a) where express provision is made otherwise by this Act; or (b) to the extent specified by an arbitrator or tribunal in an order. an order takes effect when a copy of the order, certified as a true copy by the referee, is served-. A legal person may not institute proceedings against any person other than an owner without first obtaining the approval of the legal person by special resolution. In any proceedings brought by one or more owners against the body corporate, the court may order that any fees (including costs) payable by the body corporate under an order of the court made in those proceedings, only in respect of such proceedings must be paid. lots as specified in the order and in the proportions that may be so specified, by the legal person from contributions levied for the purpose.
The presiding officer may make a motion out of order if he considers that the motion, if carried, would conflict with this act or bylaws or otherwise be illegal or unenforceable. Except as provided in clause 5 (3), a vote may be cast at a meeting by a person entitled to vote, either in person or by his duly appointed representative in writing. The chairman of the body corporate, if present, shall preside at the meeting and, in his absence, the persons present and entitled to vote at the meeting may elect one of their number to preside at the meeting and the person so elected shall so that, while he is thus the chairman, he is considered to be the chairman of the corporate body.
Chairman to have available names of persons entitled to vote
A general meeting of a legal person may not be held at any place outside a radius of 15 kilometers from the parcel if, before the start of the meeting, 25 percent of the persons entitled to vote at the meeting object to that place in writing notice to the secretary of the committee. Nothing in this subclause shall prevent a body corporate deciding by ordinary resolution that the accounts of the body corporate in respect of any period specified in the resolution should be audited. A motion shall not be tabled at a general meeting unless notice of the motion has been given in accordance with this clause.
Except as provided in clause 2 (3), a vote on a motion submitted to a general meeting of a legal entity or on an election of the chairman, secretary and treasurer of the legal entity and other members of the committee may be brought out. a) by the person entitled to vote, either in person or by his proxy duly appointed in writing; or. b) by providing to the secretary of the body corporate a ballot referred to in clause 1 (6) (b) indicating the vote of the person entitled to vote on that motion or a ballot, duly completed, referred to in clause 1 (5) (c), as the case may be. At a general meeting the chairman may appoint persons as scrutineers who shall be entitled to inspect all ballots and ballots supplied to the secretary of the body corporate under clause 5 (b) and relating to business at that meeting. The chairman at a general meeting of the legal entity shall submit for inspection, before a motion is submitted to the meeting or the holding of the election of the chairman, secretary and treasurer of the legal entity and other members of the committee, a list of the names of the persons entitled to vote on that motion or at that election.
Every person entitled to vote in the election of the chairman, secretary and treasurer of a legal entity and other members. of the committee has one vote for each parcel for which he has voting rights. Subject to Article 30(12), an owner or occupier of a plot may not keep animals on his plot or on the common property without the written consent of the body corporate. A committee ensures that a notice board is installed on some of the common properties.
INDEX
