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STRATA TITLES ACT 1998 - SECT 19 Application for amendment

STRATA TITLES ACT 1998 - SECT 19

Application for amendment

(1)  An application for registration of an amendment to a strata plan may be made –
(a) if the body corporate is authorised by ordinary resolution to make the application, by the body corporate; or
(b) jointly by the owners of lots affected by the amendment.
(2)  The application must be accompanied by the following:
(a) if the application is made by the body corporate, a copy of the resolution authorising the application certified under the body corporate's common seal;
(b) if the amendment affects the boundaries of lots or common property –
(i) a plan showing the amendment certified, in a form approved by the Recorder, by a registered surveyor; and
(ii) a certificate of approval issued under the authority of the council for the area in which the site is situated; and
(iii) evidence that the registered mortgagees of any lots affected by the amendment consent to the amendment;
(c) if the amendment affects unit entitlements, a revised schedule of unit entitlements;
(d) if the Recorder so requires, any certificates of title affected by the amendment;
(e) the prescribed fee.
(3)  The Recorder may dispense with a registered mortgagee's consent under subsection (2)(b)(iii) if satisfied that the interests of the mortgagee would not be prejudiced by registration of the amendment or that the mortgagee has unreasonably withheld consent.