Sunday, December 6, 2020

Strata Schemes Management Act 2015 No 50

Part 2
Division 4
Section 27

Order to authorise certain acts during initial period | Section 27

(1)  The Tribunal may, on application, make an order—

(a)  waiving, varying or extinguishing a restriction relating to the initial period of an owners corporation (whether or not imposed by this Act or the Strata Schemes Development Act 2015), and

(b)  authorising any matter to be done in relation to the waiving, varying or extinguishing of that restriction.

(2)  The application may be made by the owners corporation, the original owner or an owner of a lot in the strata scheme or a proposed strata scheme.

(3)  Written notice of an application must be given to—

(a)  the owners corporation and each owner of a lot in the strata scheme or proposed strata scheme to which the application relates, unless the owners corporation or the owner is the applicant, and

(b)  each registered mortgagee of a lot in the strata scheme and any mortgagee specified on the strata roll for the lot and any covenant chargee having the benefit of a covenant charge affecting a lot, and

(c)  any other persons that the Tribunal directs.

(4)  The Tribunal may order that notice of an application be dispensed with if the Tribunal considers it appropriate in the circumstances of the case. Any person to whom notice is given is entitled to appear and be heard on the hearing of the application.

(5)  Notice of an application is not required to be given to a mortgagee specified on the strata roll for a lot if the rights of the person as a mortgagee—

(a)  are suspended for the time being because of a sub-mortgage, particulars of which are specified on the strata roll, or

(b)  have been terminated because of an instrument, particulars of which are specified on the strata roll.

© State of New South Wales Department of Customer Service. For current information go to www.nsw.gov.au.

Disclaimer: Reproduced from the Strata Schemes Management Act 2015 . This website does not give legal advice or other professional advice. You should seek legal or other professional advice before acting and not rely on any of the content on this website.

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