The Court held that a body corporate is bound by a strata management statement under s28W of the Strata Schemes (Freehold Development) Act 1973 notwithstanding that it did not exist at the time of the SMS's negotiation and registration, as the legislation expressly contemplates this outcome. The absence of the owners corporation from SMS negotiations cannot constitute procedural unfairness under the Contracts Review Act 1980 or a special disability for equitable unconscionability, because the legislative scheme necessarily requires the SMS to be finalised before the body corporate comes into existence. Section 28U(1)(b) does not create a general judicial discretion to amend an SMS but operates only as a procedural mechanism where amendment is specifically authorised by another provision of the Act or other legislation, such as ss 50 and 51.
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