Strata Schemes Development Act 2015

Despite section 84, an amendment of a strata development contract is not required to be supported by a resolution of an owners corporation if the amendment is approved by the court.

The court may approve an amendment only if it is satisfied—

that a motion supporting the amendment has been defeated, or

that the notice of intention to move a motion supporting the amendment has been given but a meeting to consider the motion has not been held within a reasonable time after the notice was given, or

that the consent to the amendment of a mortgagee, chargee, covenant chargee or lessee has been sought but has been refused.

The developer must serve an application for the court’s approval on all of the following—

each owner of a lot in the strata scheme, other than the developer,

each person, other than the applicant, who is the owner of a development lot,

each registered mortgagee, chargee, covenant chargee and lessee of a lot in the scheme,

if the strata scheme is a leasehold strata scheme—the lessor (unless the lessor is the developer),

the owners corporation,

the planning authority.

Each person entitled to be served with the application is entitled to appear and be heard on the hearing of the application.