New South Wales Consolidated Acts

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

28J Amendment of strata development contract

(1) A strata development contract may be amended by the developer, but any such amendment has effect only if:

(a) this section has been complied with in relation to the amendment, and

(b) the amendment is registered, and

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

(2) 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 consent authority (if any), and

(b) except where the developer is the only proprietor of lots in the strata scheme concerned, supported by a unanimous resolution of the body corporate of the strata scheme concerned.

(3) An amendment proposed in order to give effect to a change in the law or a change in the requirements of a consent authority (but that does not involve 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 consent authority (if any), and

(b) notified to:

• the body corporate of the strata scheme concerned, and

• the proprietor of each lot in that scheme (other than the developer), and

• each registered or enrolled mortgagee, chargee, covenant chargee and lessee of a lot in that scheme.

(4) Any other proposed amendment that would require a change in the terms of a development consent may be made only if it is:

(a) approved by the consent authority, and

(b) supported by a special resolution of the body corporate of the strata scheme concerned.

(5) Any other proposed amendment that would not require a change in the terms of a development consent may be made only if:

(a) it is supported by an ordinary resolution of the body corporate of the strata scheme concerned, 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 consent authority (if any), to the effect that a change in the terms of any development consent is not required.

(6) A consent authority that approves an amendment of a strata development contract must provide the applicant for the approval with a copy of the instruments, plans and drawings that describe and illustrate the amendment and a certificate in the approved form to the effect:

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

(b) that the contract, if amended as approved by the authority, would not be inconsistent with any related development consent.