New South Wales Consolidated Acts

STRATA SCHEMES DEVELOPMENT ACT 2015 - SECT 104

104 Signing of strata management statement and amendment

(1) The Registrar-General may register a strata management statement or an amendment of a strata management statement only if the statement or amendment is--

(a) signed by the owners corporation of each strata scheme, if any, for a part of the building and is accompanied by evidence to show that it is supported by a special resolution of the owners corporation, and

(b) signed by each person in whom is vested an estate in fee simple in a part of the building or its site that is not included in a part strata parcel, and

(c) if the building is the subject of a leasehold strata scheme--signed by each person in whom is vested a leasehold estate in a part of the building or its site that is not included in a part strata parcel, and

(d) signed by each registered mortgagee, chargee or covenant chargee of an estate referred to in paragraph (b) or (c).

(2) The Registrar-General may refuse to register a strata management statement or an amendment of a strata management statement unless written consent to the registration has been lodged and signed by one or more of the following as the Registrar-General determines--

(a) the lessee under any lease, or the judgment creditor under any writ, recorded in a folio for an estate referred to in subsection (1) (b) or (c) or the folio relating to any common property affected by the statement or amendment,

(b) the caveator under a caveat affecting any estate or interest referred to in subsection (1) (b), (c) or (d).

(3) The Registrar-General may, in a particular case, waive a requirement for a signature under this section without giving notice to any person.