New South Wales Consolidated Acts

STRATA SCHEMES DEVELOPMENT ACT 2015 - SECT 135

135 Application for order to terminate strata scheme

(1) Any of the following persons may apply to the court for a termination order for a strata scheme--

(a) an owner of a lot in the scheme,

(b) a mortgagee or covenant chargee of a lot in the scheme,

(c) if the scheme is a leasehold strata scheme--the lessor of the scheme,

(d) the owners corporation.

(2) Notice of the application must be served, in accordance with rules of court, on--

(a) each person referred to in subsection (1), other than the applicant, and

(b) the local council, and

(c) the Registrar-General, and

(d) any other person (including creditors of the owners corporation) directed by the court.

(3) The applicant and each person entitled to be served with notice of the application may appear and be heard on the hearing of the application.

(4) An application under subsection (1) (b) may be made by a prescribed authority having the benefit of a positive covenant only if the authority has applied under section 88I of the Conveyancing Act 1919 for an order that the land the subject of the strata scheme be transferred to the authority.

(5) In subsection (4),
"prescribed authority" means a prescribed authority within the meaning of section 88D or 88E of the Conveyancing Act 1919 .