New South Wales Consolidated Acts

STRATA SCHEMES DEVELOPMENT ACT 2015 - SECT 84

84 Amendment of strata development contract

(1) A strata development contract for a strata scheme may be amended by the developer.

(2) An amendment must be in the approved form and has effect only if it--

(a) is made in compliance with this Division, and

(b) is registered, and

(c) is not inconsistent with a registered strata management statement for the strata scheme.

(3) A proposed amendment that involves a change in the basic architectural or landscaping design of the development, or in its essence or theme, may be made only if it is--

(a) approved by the planning authority, and

(b) supported by a unanimous resolution of the owners corporation of the strata scheme, unless the developer is the only owner of lots in the scheme.

(4) An amendment proposed to give effect to a change in the law or a change in the requirements of a planning authority, and that does not involve a change referred to in subsection (3), may be made only if--

(a) it is approved by the planning authority, and

(b) notice of the amendment is given to--

(i) the owners corporation of the strata scheme, and

(ii) the owner of each lot in the scheme, other than the developer, and

(iii) each registered mortgagee, chargee, covenant chargee and lessee of a lot in the scheme.

(5) Any other proposed amendment that would require a change in the terms of a planning approval may be made only if it is--

(a) approved by the planning authority, and

(b) supported by a special resolution of the owners corporation of the strata scheme.

(6) Any other proposed amendment that would not require a change in the terms of a planning approval may be made only if--

(a) it is supported by a resolution of the owners corporation of the strata scheme, and

(b) the application for registration, or the contract as intended to be amended, is accompanied by a certificate, given in the approved form by the planning authority to the effect that a change in the terms of any planning approval is not required.

(7) A planning authority that approves an amendment of a strata development contract must give the applicant for the approval a copy of the instruments, plans and drawings that describe and illustrate the amendment and a certificate in the approved form to the effect that--

(a) the copy describes and illustrates the approved amendment, and

(b) the contract, if amended as approved, would not be inconsistent with any related planning approval.

Note--: An amendment is not required to be supported by a resolution of the owners corporation if the amendment is approved by the court under section 86.