90Resumption of part of common property

90 Resumption of part of common property

90 Resumption of part of common property

(1) This section applies if the land to be resumed is part of the common property in a strata scheme.

(2) The resuming authority must lodge the following—

(a) a resumption application,

(b) a plan of the land to be resumed—

(i) for registration as a current plan, and

(ii) bearing a statement to the effect that the land is to be excluded from the strata scheme,

(c) any of the following required by the Registrar-General—

(i) a certificate by the resuming authority stating that the land resumed was not restricted property,

(ii) a request by the strata corporation for registration of an amendment of the by-laws under which, on registration, the land resumed would cease to be restricted property,

(iii) evidence that an application has been made to the Supreme Court for amendment of the by-laws in their application to the common property.