New South Wales Consolidated Acts
[Search this Act]
STRATA SCHEMES DEVELOPMENT ACT 2015 - SECT 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.
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
(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 .
AustLII: Copyright Policy