South Australian Current Acts South Australian Current Acts13—Amendment by order of ERD Court
(1) The ERD Court may,
on application under this section, order the amendment of a strata plan.
(2) An application may
be made under this section by—
(a) the
strata corporation; or
(b) a
unit holder; or
(c) any
other person who has a registered interest in a unit; or
(d) an
insurer of a unit or any of the common property.
(3) Such an
application may only be made—
(a) for
the purpose of correcting an error in the plan;
(b) for
the purpose of varying the unit entitlements of the units;
(c) for
the purpose of achieving amendments that have become desirable in view of
damage to buildings within the strata scheme;
(d) for
the purpose of achieving any other amendments that are desirable in the
circumstances of the particular case.
(3a) If it appears to
the ERD Court that the proposed amendment of the strata plan could adversely
affect a person who is not a party to the proceedings, the ERD Court should
not order the amendment unless the ERD Court is satisfied that the person has
been notified of the possibility that such an order could be made and has been
given a reasonable opportunity to make submissions to the Court in relation to
the matter.
(3b) In determining an
application under this section the ERD Court must have regard to the matters
(if any) prescribed by regulation.
(4) The ERD Court may,
on an application under this section, make—
(a) an
order for amendment of the strata plan;
(b) any
further orders that may be necessary to achieve justice between those affected
by the amendment;
(c)
incidental or ancillary orders.
(5) Where an order for
the amendment of a strata plan is made, the Registrar-General will, on
lodgement of the order and any other documentary material the
Registrar-General requires, amend the plan in accordance with the order.