New South Wales Consolidated Acts
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STRATA SCHEMES (FREEHOLD DEVELOPMENT) ACT 1973 - SECT 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 .
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