New South Wales Consolidated Acts

COMMUNITY LAND MANAGEMENT ACT 2021 - SECT 114

114 Carrying out of work on association property by developer

(1) This section applies to an agreement for the carrying out of a work of preparation, construction or maintenance on association property made between the developer of a scheme and a person other than the association in which the property is vested.

(2) For the purpose of ensuring that a work is carried out in accordance with an agreement to which this section applies, the association on whose association property the work has been, or is to be, carried out may, as if it were a party to the agreement--

(a) enforce against the developer a right or remedy available to another party to the agreement, or

(b) enforce against another party to the agreement a right or remedy available to the developer.

(3) Subsection (2)--

(a) does not oblige an association to carry out a work or pay for the carrying out of a work, and

(b) does not relieve the developer from any obligation to pay for the carrying out of a work.

(4) The rights conferred by subsection (2) are in addition to, and do not derogate from, a right or remedy enforceable under the agreement--

(a) against the developer by another party, or

(b) by the developer against another party.