New South Wales Consolidated Acts

STRATA SCHEMES DEVELOPMENT ACT 2015 - SECT 82

82 Use of common property and development lot by developer

(1) A strata development contract may confer on a developer an exclusive, or any lesser, right to occupy common property specified in the contract.

(2) When carrying out permitted development under a strata development contract, a developer is entitled to use common property or a development lot to which the contract relates--

(a) to the extent necessary to carry out the development, or

(b) to such other extent, if any, conferred by the contract in relation to specified common property.

(3) A right conferred by this section may be exercised despite any other provision of this Act or any provision of the by-laws for the strata scheme or of an order under section 131 of the Strata Schemes Management Act 2015 .

(4) However, the right must be exercised in a way that does not cause unreasonable inconvenience to the occupier of any lot.

(5) The provisions of a strata development contract that relate to the maintenance or upkeep of common property have effect despite any provision of the by-laws for the strata scheme or of an order under section 131 of the Strata Schemes Management Act 2015 .