New South Wales Consolidated Acts

STRATA SCHEMES (FREEHOLD DEVELOPMENT) ACT 1973 - SECT 28P

28P Meetings of body corporate relating to development concerns

(1) A motion, the passing or defeat of which at a meeting of the body corporate or of the council of the body corporate would have the effect of making a decision about a development concern, must be:

(a) identified as relating to a development concern in the notice for the meeting, and

(b) moved separately from any other kind of motion.

(2) An extraordinary general meeting of the body corporate for the purpose of making a decision about a development concern may be convened under Schedule 2 to the Strata Schemes Management Act 1996 by the developer or the proprietors of not fewer than one quarter of the lots in the strata scheme concerned that are not development lots.

(3) In convening any such extraordinary general meeting, the developer or any of those proprietors may give notice of the meeting on behalf of the council of the body corporate.

(4) The presence of the developer (or, if the developer is a corporation, of the company nominee of the corporation) constitutes a sufficient quorum for any meeting of the body corporate or of the council of the body corporate of which notice has been duly given, but only while business relating to a development concern is being dealt with.

(5) For the purpose only of allowing development permitted by a strata development contract to be carried out, a developer (or, if the developer is a corporation, the company nominee of the corporation) may exercise such of the other functions of a body corporate bound by the contract or of any other person having functions under the strata scheme concerned as may be prescribed by the regulations.

(6) This section has effect despite any other provision of this Act.