Housing (Miscellaneous Provisions) Act 2009

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Preparation of draft proposal to designate apartment complex.

52.— (1) Where a housing authority proposes to designate an apartment complex, the housing authority shall prepare a draft proposal, which shall—

(a) specify the apartment complex which it is proposed to designate,

(b) include information relating to the arrangements for—

(i) holding a tenant plebiscite in respect of the proposed designation of the apartment complex within 3 months of the adoption by the housing authority of a section 53 proposal,

(ii) transferring ownership of the apartment complex to a management company,

(iii) the sale of apartments in the apartment complex to the tenants of those apartments,

(iv) managing and maintaining the common areas, structures, works and services in the apartment complex, and

(v) funding expenditure of a type referred to in section 68 (1),

(c) include information relating to the terms and conditions of sale of an apartment in the apartment complex to the tenant thereof, including—

(i) the obligation to pay the management company annual charges and the estimated level thereof in the first year after purchase,

(ii) the restrictions on resale of an apartment by an apartment purchaser, and

(iii) the covenants in the apartment assignment order and the consequences for the apartment purchaser of failure to observe same,

(d) include information relating to the performance by the housing authority of its functions in respect of apartments in the apartment complex the subject of tenancy agreements between the housing authority and the tenants thereof,

(e) set out indicative figures for the projected purchase price and purchase money for the different classes of apartment in the apartment complex, and

(f) include any other information that the authority considers relevant to the draft proposal.

(2) The housing authority shall—

(a) publish and maintain on the Internet a copy of a draft proposal under this section to designate an apartment complex,

(b) make the draft proposal available for inspection on request by any person, without charge, at its offices and such other places as it considers appropriate during normal office hours,

(c) give notice of the draft proposal to—

(i) each tenant of an apartment in the apartment complex, and

(ii) each member of the housing authority.

(3) A housing authority shall take such steps as it considers appropriate for the purposes of informing tenants and seeking their views about a draft proposal under this section to designate an apartment complex including but not limited to—

(a) the holding of an information meeting or meetings about the draft proposal, and

(b) arranging to meet with individual tenants, as appropriate, on request, regarding the draft proposal.

(4) For the purposes of subsection (1) (a), the draft proposal may include a map that clearly indicates the boundaries, common areas, structures, works and services of the apartment complex concerned.