New South Wales Consolidated Acts

STRATA SCHEMES MANAGEMENT ACT 2015 - SECT 210

210 Use of amounts secured by building bond

(1) Purposes for which bond amount may be used An owners corporation for a strata scheme that is paid the whole or part of an amount secured by a building bond must, within a reasonable time, use the amount paid--

(a) for or in connection with rectifying the defective building work identified in the final report (whether or not the work affects the common property or any other part of the parcel), or

(b) for costs related to the rectification.

(2) Repayment of excess amounts to developer An owners corporation must--

(a) repay to the developer any amount secured by a building bond that has been paid to the owners corporation and is not required for a purpose specified in subsection (1), and

(b) give the developer written notice of the completion of the rectification of the defective building work.

: Maximum penalty--10 penalty units.

(4) Owner not entitled to building bond This Act does not confer on the owner of a lot any entitlement to be paid any part of an amount secured by a building bond that is paid in respect of defective building work affecting the owner's lot.

(5) Payments with consent not affected This section does not prevent the owners corporation from retaining any amount secured by a building bond that has been paid to the owners corporation, and using it for any purposes, with the consent of the developer.