84Amendment of strata development contract

#### 84 Amendment of strata development contract 84 Amendment of strata development contract > > (1) A strata development contract for a strata scheme may be amended by the developer. > > > (2) An amendment must be in the approved form and has effect only if it— > > > > > (a) is made in compliance with this Division, and > > > > > (b) is registered, and > > > > > (c) is not inconsistent with a registered strata management statement for the strata scheme. > > > (3) A proposed amendment that involves a change in the basic architectural or landscaping design of the development, or in its essence or theme, may be made only if it is— > > > > > (a) approved by the planning authority, and > > > > > (b) supported by a unanimous resolution of the owners corporation of the strata scheme, unless the developer is the only owner of lots in the scheme. > > > (4) An amendment proposed to give effect to a change in the law or a change in the requirements of a planning authority, and that does not involve a change referred to in subsection (3), may be made only if— > > > > > (a) it is approved by the planning authority, and > > > > > (b) notice of the amendment is given to— > > > > > > > (i) the owners corporation of the strata scheme, and > > > > > > > (ii) the owner of each lot in the scheme, other than the developer, and > > > > > > > (iii) each registered mortgagee, chargee, covenant chargee and lessee of a lot in the scheme. > > > (5) Any other proposed amendment that would require a change in the terms of a planning approval may be made only if it is— > > > > > (a) approved by the planning authority, and > > > > > (b) supported by a special resolution of the owners corporation of the strata scheme. > > > (6) Any other proposed amendment that would not require a change in the terms of a planning approval may be made only if— > > > > > (a) it is supported by a resolution of the owners corporation of the strata scheme, and > > > > > (b) the application for registration, or the contract as intended to be amended, is accompanied by a certificate, given in the approved form by the planning authority to the effect that a change in the terms of any planning approval is not required. > > > (7) A planning authority that approves an amendment of a strata development contract must give the applicant for the approval a copy of the instruments, plans and drawings that describe and illustrate the amendment and a certificate in the approved form to the effect that— > > > > > (a) the copy describes and illustrates the approved amendment, and > > > > > (b) the contract, if amended as approved, would not be inconsistent with any related planning approval. > > Note. > > An amendment is not required to be supported by a resolution of the owners corporation if the amendment is approved by the court under section 86.