New South Wales Repealed Acts

This legislation has been repealed.

STRATA SCHEMES (FREEHOLD DEVELOPMENT) ACT 1973 - SECT 28L

28L Use of common property and development lot by developer

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

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

(b) to such other extent as may be specified in the contract, which may confer on the developer an exclusive (or any lesser) right to occupy specified common property.

(2) A right conferred by this section may be exercised despite any other provision of this Act or any provision of the by-laws or of an order under section 144 of the Strata Schemes Management Act 1996 , but must be exercised in a manner that does not cause unreasonable inconvenience to the occupier of any lot.

(3) Any provisions of a strata development contract that relate to the maintenance or upkeep of common property to which the contract relates have effect despite any provision of the by-laws or of an order under section 144 of the Strata Schemes Management Act 1996 .