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s 152

What is a building damage scheme?

In force
Part 10Amendment of units plans
Division 10.3Building damage schemes

152 What is a building damage scheme?

A building damage scheme for a units plan is a scheme for—

(a)

the reinstatement of any building on the parcel that is damaged or destroyed; and

(b)

the elimination of any class A unit that is damaged or destroyed (unless the units plan has fewer than 3 units or the unit is to be reinstated); and

Note A damaged or destroyed class A unit in a 2-unit units plan cannot be eliminated as only 1 unit would remain in the units plan. In this circumstance, if an owners corporation seeks to cancel the units plan, it must apply for the cancellation under s 160.

(c)

the consequential amendment of the units plan; and

(d)

the application of any insurance amount paid (or payable) for the damage or destruction to any building on the parcel; and

(e)

the payment of compensation (or other money) to the owner of any unit, and anyone else who may be adversely affected by the scheme.

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