New South Wales Consolidated Acts

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STRATA SCHEMES DEVELOPMENT ACT 2015 - SECT 185

Effect of order relating to redevelopment

185 Effect of order relating to redevelopment

(1) This section applies if the court makes an order giving effect to a strata renewal plan for a redevelopment of a strata scheme.
(2) Each dissenting owner of a lot in the strata scheme must sell the owner's lot in accordance with the strata renewal plan and the order.
(3) The strata scheme is terminated on the day stated in the order for that purpose.
(4) On termination of the strata scheme:
(a) the owners corporation is dissolved, and
(b) the rights and liabilities of the owners corporation vest in the developer or the former owners in accordance with the strata renewal plan and the order, and
(c) land in the former parcel vests in the former owners as tenants in common in shares proportional to the unit entitlement of their former lots, unless the strata renewal plan otherwise provides, and
(d) any legal proceedings begun by or against the owners corporation may be completed by or against the developer, and
(e) the developer must give the Registrar-General notice of the termination in the approved form.
(5) On receiving the notice, the Registrar-General must:
(a) cancel the folios for the lots and common property in the strata scheme, and
(b) create a folio for the land in the former parcel, and
(c) record in the Register the matters the Registrar-General considers appropriate to give effect to the order.
(6) The order does not permit development to be carried out in contravention of this Act or any other Act or law.
(7) A lease of a lot in the strata scheme is terminated on the day stated in the strata renewal plan for giving vacant possession of the lot to the developer or on such later day as may be specified in the order.
(8) Subject to this Part, the termination of a lease under this section does not affect a right or remedy a person may have under the lease.
Note : It is expected that leases would generally be terminated in accordance with the terms of the lease (or under legislation such as Division 2 of Part 5 of the Residential Tenancies Act 2010 ) and not under this section.
(9) In this section:

"former owner" does not include a dissenting owner.



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