COMMUNITY TITLE ACT 2001 - SECT 81 Approval for amalgamations
COMMUNITY TITLE ACT 2001 - SECT 81
Approval for amalgamations(1) Scheme A and scheme B may be amalgamated if—
(a) the territory planning authority consents in writing to the amalgamation; and
(b) the body corporate for scheme A and the body corporate for scheme B each agree, by unanimous resolution, to—
(i) the amalgamation; and
(ii) the management statement to be recorded for scheme C; and
(iii) the constituent documents for the body corporate to be formed on the registration of scheme C; and
(iv) the by-laws of the body corporate for scheme C.
(2) If scheme A and scheme B are subsidiary schemes, the body corporate for the community title scheme that includes scheme A and scheme B as lots must also consent to the amalgamation, but by ordinary resolution.
(3) Alternatively, scheme A and scheme B may be amalgamated if the Supreme Court, on the application of the owner of a lot included in scheme A or scheme B, or the body corporate for scheme A or scheme B, decides it is just and equitable to amalgamate the schemes and orders that they be amalgamated.
(4) A person who applies to the Supreme Court for an order under subsection (3) must, on the day the application is made to the court, give the territory planning authority—
(a) written notice of the application; and
(b) a copy of the application and each document filed with the court in support of the application.
(5) If scheme A and scheme B are, or are to be, amalgamated under subsection (1) or (3), the Supreme Court may make an order, if it considers it is just and equitable to do so, about—
(a) the contents of the management statement for scheme C; or
(b) the disposition of liabilities that, immediately before the amalgamation, were liabilities of the body corporate for scheme A or scheme B.
(6) The Supreme Court may make an order under subsection (5) on application by the body corporate for scheme A or scheme B.