86Approval of amendments by Land and Environment Court

#### 86 Approval of amendments by Land and Environment Court 86 Approval of amendments by Land and Environment Court > > (1) 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. > > > (2) The court may approve an amendment only if it is satisfied— > > > > > (a) that a motion supporting the amendment has been defeated, or > > > > > (b) 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 > > > > > (c) that the consent to the amendment of a mortgagee, chargee, covenant chargee or lessee has been sought but has been refused. > > > (3) The developer must serve an application for the court’s approval on all of the following— > > > > > (a) each owner of a lot in the strata scheme, other than the developer, > > > > > (b) each person, other than the applicant, who is the owner of a development lot, > > > > > (c) each registered mortgagee, chargee, covenant chargee and lessee of a lot in the scheme, > > > > > (d) if the strata scheme is a leasehold strata scheme—the lessor (unless the lessor is the developer), > > > > > (e) the owners corporation, > > > > > (f) the planning authority. > > > (4) Each person entitled to be served with the application is entitled to appear and be heard on the hearing of the application.