New South Wales Consolidated Acts

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Order to vary strata scheme

131 Order to vary strata scheme

(1) The court may, on an application made under section 130, make an order in relation to the variation of an existing strata scheme or the substitution for the existing strata scheme of a new strata scheme (each a
"variation order" ).
(2) A variation order may include directions about any of the following--
(a) the substitution for the existing schedule of unit entitlement of a new schedule of unit entitlement,
(b) the reinstatement in whole or in part of the building or, in the case of a part strata parcel, of the part of the building subject to the scheme,
(c) the amendment of any strata development contract or strata management statement that relates to the parcel,
(d) the transfer to or vesting in the owners corporation, free from mortgages, charges, covenant charges and writs, of the interests of owners of lots that have been wholly or partly destroyed,
(e) the application of insurance amounts received by the owners corporation in relation to the damage to or destruction of the building,
(f) the payment of amounts to or by the owners corporation, an owner of a lot or a lessor of a leasehold strata scheme,
(g) if the order is made on a section 115 variation application--any matter referred to in section 115 (4),
(h) if the application for the order is authorised by section 120--any matter referred to in section 115 (4) (a), (b) or (e),
(i) any matter in relation to which the court considers it just and equitable, in the circumstances of the case, to make provision in the order.
(3) A variation order has effect according to its tenor.
(4) The court may, from time to time, change a variation order on the application of any person entitled to appear and be heard on the hearing of the application for the order.

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