Revised Laws of Saint Lucia (2021)

16.   Voting Rights

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    (1)   Any powers of voting conferred by or under this Act may be exercised—

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      (a)     in the case of a unit owner who is a minor, by his or her tutor; and

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      (b)     in the case of a unit owner who is for any reason unable to control his or her property, by the person authorised by law to control that property.

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    (2)   Where on the application of the body corporate or any unit owner the Court is satisfied that there is no person able or that no person can be traced who is able to vote in respect of a unit, the Court—

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      (a)     shall, in cases where a unanimous resolution is required by or under this Act; and

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      (b)     may, in its discretion, in any other case, appoint the Registrar or some other fit and proper person for the purposes of exercising such powers of voting under this Act as the Court determines.

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    (3)   Subject to subsections (4) to (6) where a unit is subject to a mortgage which gives the mortgagee the right to enter into possession either by himself or herself or through any other person and possession has been so entered into and notice in writing of such possession is given by the mortgagee to the body corporate, the power of voting conferred upon the unit owner of that unit by or under this Act may be exercised by or on behalf of the mortgagee first in priority and shall not be exercised by the unit owner unless he or she first obtains the consent in writing of such mortgagee.

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    (4)   Where a unit owner applies to a mortgagee for the consent required by subsection (3), the mortgagee shall not unreasonably refuse such consent.

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    (5)   A mortgagee may at any time by notice in writing to the unit owner concerned and the body corporate revoke a consent given by him or her under subsection (3).

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    (6)   The right conferred upon a mortgagee by subsection (5) shall not be unreasonably exercised.