82Use of common property and development lot by developer

82 Use of common property and development lot by developer

82 Use of common property and development lot by developer

(1) A strata development contract may confer on a developer an exclusive, or any lesser, right to occupy common property specified in the contract.

(2) When carrying out permitted development under a strata development contract, a developer is entitled to use common property or a development lot to which the contract relates—

(a) to the extent necessary to carry out the development, or

(b) to such other extent, if any, conferred by the contract in relation to specified common property.

(3) A right conferred by this section may be exercised despite any other provision of this Act or any provision of the by-laws for the strata scheme or of an order under section 131 of the Strata Schemes Management Act 2015.

(4) However, the right must be exercised in a way that does not cause unreasonable inconvenience to the occupier of any lot.

(5) The provisions of a strata development contract that relate to the maintenance or upkeep of common property have effect despite any provision of the by-laws for the strata scheme or of an order under section 131 of the Strata Schemes Management Act 2015.