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STRATA SCHEMES DEVELOPMENT ACT 2015 - SECT 86
Approval of amendments by Land and Environment Court
86 Approval of amendments by Land and Environment Court
(1) Despite section 84, an amendment of a strata development contract is not
required to be supported by a resolution of an owners corporation if the
amendment is approved by the court.
(2) The court may approve an amendment
only if it is satisfied-- (a) that a motion supporting the amendment has been
defeated, or
(b) that the notice of intention to move a motion supporting the
amendment has been given but a meeting to consider the motion has not been
held within a reasonable time after the notice was given, or
(c) that the
consent to the amendment of a mortgagee, chargee, covenant chargee or lessee
has been sought but has been refused.
(3) The developer must serve an
application for the court's approval on all of the following-- (a) each owner
of a lot in the strata scheme, other than the developer,
(b) each person,
other than the applicant, who is the owner of a development lot,
(c) each
registered mortgagee, chargee, covenant chargee and lessee of a lot in the
scheme,
(d) if the strata scheme is a leasehold strata scheme--the lessor
(unless the lessor is the developer),
(e) the owners corporation,
(f) the
planning authority.
(4) Each person entitled to be served with the
application is entitled to appear and be heard on the hearing of the
application.
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