46   Signing of strata development contract and amendments

(1973 Act, s 28F)

(1)  The Registrar-General may register a strata development contract relating to a development lot in a strata plan or an amendment of such a contract only if the contract or amendment has been signed by:

(a)  the developer for the development lot, and

(b)  the lessor under the leasehold strata scheme concerned, and

(c)  each registered mortgagee, chargee and covenant chargee of the lease of the development lot, and

(d)  each registered mortgagee and chargee of a sublease of the development lot.

(2)  A strata development contract must be lodged with the certificate (if any) required to be given by section 42 (Obligations of consent authorities).

(3)  The Registrar-General may refuse to register a strata development contract or an amendment of such a contract if there have not been lodged in the office of the Registrar-General written consents to the registration of the contract or amendment that have been signed by (or by an agent authorised by) such one or more of the following as the Registrar-General determines:

(a)  the judgment creditor under any writ recorded in the folio for the land comprised in the strata plan or for the lease or a sublease of the development lot concerned,

(b)  the sublessee under any sublease of the common property of the leasehold strata scheme concerned,

(c)  the caveator under a caveat affecting any estate or interest of any person required to sign the contract because of that estate or interest or under a caveat affecting any such common property.

(4)  Nothing prevents the same person from being more than one of the parties to a strata development contract.