South Australian Consolidated Acts South Australian Consolidated Acts49—Enforcement of a development contract
(1) A development
contract will be taken to be a contract made by the following persons:
(a)
the developer; and
(b) if
the contract relates to a development lot or a community lot—each
subsequent owner of the lot to the extent that it relates to that lot; and
(c) the
community corporation; and
(d) the
owners and occupiers of the community lots; and
(e) the
owner of the other development lot or lots (if any); and
(f) if
the plan to which the contract relates has been amalgamated with another plan
under Part 7 Division 2—the community corporation created on deposit of
the amalgamated plan and the owners and occupiers of the community lots shown
on that plan; and
(g) if
the scheme is a primary scheme and a primary lot is divided by a secondary
plan—
(i)
the secondary corporation; and
(ii)
the owners and occupiers of the secondary lots; and
(iii)
the owner of a development lot (if any) in the
secondary scheme; and
(iv)
if a secondary lot created by the plan is divided by a
tertiary plan—the tertiary corporation, the owners and occupiers of the
tertiary lots and the owner of a development lot (if any) in the
tertiary scheme; and
(h) if
the scheme is a secondary scheme and a secondary lot is divided by a tertiary
plan—
(i)
the tertiary corporation; and
(ii)
the owners and occupiers of the tertiary lots; and
(iii)
the owner of a development lot (if any) in the tertiary
scheme.
(2) A
community corporation or an owner or occupier of a lot who is, by virtue of
subsection (1), a party to a development contract is entitled to take
proceedings for its enforcement (including damages for breach of the contract)
in a court of competent jurisdiction against—
(a)
the developer; and
(b) if
the contract is for the development of a development lot or a
community lot—the subsequent owner or owners (if any) of the lot,
even though no obligations attach to the corporation, owner and occupier under
the contract.
(3) Despite any other
provision of this section, a person who is the owner of a development lot or a
community lot by virtue of being a mortgagee in possession of the lot is not
bound by a development contract relating to the lot unless he or she—
(a)
becomes the registered proprietor of the lot on foreclosure; or
(b)
remains in possession of the lot for a period of 12 months and, in that event,
he or she will be bound by the contract from the end of that period.