New South Wales Repealed Acts

This legislation has been repealed.

STRATA MANAGEMENT LEGISLATION AMENDMENT ACT 2008 - SCHEDULE 2

SCHEDULE 2 – Amendment of Home Building Act 1989

(Section 4)

[1] Section 48C Notification of building dispute

Insert at the end of the section:

(2) Without limiting subsection (1), a notification under that subsection may be made by:

(a) an owner of a lot in a strata scheme (within the meaning of the Strata Schemes Management Act 1996 ) about residential building work or specialist work relating to common property in the strata scheme, or

(b) a proprietor of a lot in a scheme (within the meaning of the Community Land Management Act 1989 ) about residential building work or specialist work relating to association property in the scheme.

[2] Section 48D Investigation of dispute

Insert after section 48D (2):

(3) For the purposes of making an investigation in relation to common property in a strata scheme (within the meaning of the Strata Schemes Management Act 1996 ), an inspector may enter and inspect the common property at the request of the owner of a lot in the scheme concerned.

(4) The owners corporation, any person who has exclusive use of the common property concerned and any caretaker or manager of the common property are to provide such assistance as is reasonable to enable an inspection of that common property to be carried out by an inspector under this section.

(5) For the purposes of making an investigation in relation to association property in a scheme (within the meaning of the Community Land Management Act 1989 ), an inspector may enter and inspect the association property at the request of the proprietor of a lot in the scheme concerned.

(6) The relevant association that has the use of the association property concerned and, if the use of that association property has been restricted to a particular proprietor or proprietors, any such proprietor, and any caretaker or manager of the association property are to provide such assistance as is reasonable to enable an inspection of that association property to be carried out by an inspector under this section.

(7) For the avoidance of doubt, a person may be authorised under section 126 by the Director-General for the purposes of this section.