New South Wales Consolidated Acts

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STRATA SCHEMES (LEASEHOLD DEVELOPMENT) ACT 1986 - SECT 51

Approval of amendments by Land and Environment Court

51 Approval of amendments by Land and Environment Court

(1973 Act, s 28K)

(1) An amendment of a strata development contract is not required to be supported by a resolution of a body corporate if the amendment is approved by the Land and Environment Court.
(2) Such an approval may be given only if the Court is satisfied:
(a) that a motion supporting the amendment has been defeated, or
(b) that the notice of intention to move such a motion has been given but a meeting to consider the motion has not been held within a reasonable time after the giving of the notice, or
(c) that the consent to the amendment of a mortgagee, chargee or covenant chargee or of a sublessee has been sought but has been refused.
(3) An application for such an approval must be served on:
(a) the consent authority, and
(b) the body corporate, and
(c) each person (other than the applicant) who is the lessee of a development lot, and
(d) each registered or enrolled mortgagee, chargee, covenant chargee and sublessee of a lot in the leasehold strata scheme concerned.



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