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COMMUNITY LAND MANAGEMENT ACT 1989 - SECT 11 Remedial meetings

COMMUNITY LAND MANAGEMENT ACT 1989 - SECT 11

Remedial meetings

11 Remedial meetings

(1) If the original proprietor does not convene the first annual general meeting of an association or, having convened the meeting, does not hold it, an Adjudicator may, on application by--
(a) the association, or
(b) a member of the association, or
(c) a mortgagee or covenant chargee of a development lot, neighbourhood lot or strata lot within the relevant scheme,
by order appoint a person nominated by the applicant to convene and hold the first annual general meeting of the association within a specified time.
(2) If there is not an executive committee of an association at any time after the first annual general meeting, an Adjudicator may by order appoint a person to convene and hold a meeting of the association within a specified time to elect the executive committee.
(3) If, at any time after the first annual general meeting, there is no chairperson, secretary and treasurer of the executive committee of an association, an Adjudicator may by order appoint a person to convene and hold a meeting of the committee within a specified time to elect the officers.
(4) A meeting may be ordered under subsection (2) or (3) on the application of--
(a) a subsidiary body within the community scheme or precinct scheme, or
(b) the proprietor, or a mortgagee or covenant chargee, of a development lot, neighbourhood lot or strata lot within the community scheme.
(5) The election of an executive committee under subsection (2) has effect as if it had taken place at the first annual general meeting.
(6) An order by an Adjudicator may provide--
(a) for the appointed person to have the functions of chairperson at the meeting, and
(b) for notice of the meeting to be given as specified, and
(c) for ancillary matters,
and the order has effect even if it departs from Schedule 5 or 6.
(7) The convening and holding of a meeting under this section or otherwise is not a defence to a prosecution of an original proprietor for an offence under section 9.