New South Wales Consolidated Acts

STRATA SCHEMES MANAGEMENT ACT 2015 - SECT 209

209 When amount secured by building bond payable

(1) The whole or part of the amount secured by a building bond may be claimed or realised by the Secretary for payment as follows--

(a) to the owners corporation to meet the costs of rectifying defective building work identified in the final report on the work, if the report identifies the defective building work,

(b) to the owners corporation, with the consent of the developer, on application to the Secretary by the owners corporation and the developer,

(c) to a building inspector to meet the costs of the inspector for an inspection or report under Division 2,

(d) to a person who has prepared a report referred to in section 209A, to meet the developer's share of the costs of obtaining the report.

(1A) The amount that may be claimed or realised for payment under subsection (1) (a) is an amount that the owners corporation and developer have agreed should be paid or the amount determined by the Secretary.

(2) An application under subsection (1) (b) must be made within the period prescribed by the regulations for the purposes of this section.

(2A) An amount may be claimed or realised for payment under subsection (1) (c) or (d) only if the costs concerned have not been paid and the developer--

(a) has died or ceased to exist, or

(b) is bankrupt or insolvent, or

(c) after due search and inquiry, cannot be found in Australia.

(3) An amount secured by a building bond must be claimed or realised under this section within the period prescribed by the regulations.

(4) The developer must take any necessary steps to enable the Secretary to claim or realise an amount secured by a building bond given by the developer and required for payment in accordance with this Division.

: Maximum penalty--10 penalty units.

(5) The Secretary may refuse to claim or realise an amount, or reduce the amount otherwise payable, under this section if the Secretary is satisfied that the developer or the builder responsible for defective building work was unreasonably refused access to the strata parcel for the purposes of rectifying that work.

(6) The Secretary must give the owners corporation and the developer of a strata scheme written notice of any proposed payment under this section in relation to the strata scheme.