s.23Destruction of a building
23
Section 23Part 6 — Management and Administration

Destruction of a building

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Where a building is destroyed —
the corporation shall forthwith lodge with the Registrar, in such form as may be prescribed, a notification of such destruction;
the Registrar shall, upon receipt of such notification, make, in such form as may be prescribed, an entry thereof on the registered strata plan, and thereafter the proprietors of all the strata lots contained in such strata plan shall be entitled to the parcel as proprietors in common in shares proportionate to the unit entitlement of their respective strata lots and sections 14 and 22 shall apply in relation to the transfer or lease of the parcel and to the creation of any easement or restrictive agreement burdening or benefiting it.
For the purposes of this Law, a building referred to in subsection (1) is destroyed —
when the proprietors by super-majority resolution so resolve;
when the court is satisfied that, having regard to the rights and interests of the proprietors as a whole, it is just and equitable that such building shall be deemed to have been destroyed and makes a declaration to that effect.
Where a resolution has been passed pursuant to subsection (2) and the resolution related to the voluntary destruction of a building by the corporation, the corporation shall settle the interests of the proprietors of the strata lots in that building as follows —
by paying any one or more of the proprietors the market value of his or their interest in the strata lots in the building;
by offering to any one or more of the proprietors in exchange for his or their strata lots in the building a strata lot or strata lots to be developed in the building or other strata lots located elsewhere on the parcel;
by acting in accordance with both paragraphs (a) and (b);
in the absence of agreement under paragraph (a) or (b), by applying to the court for settlement under regulation 19 of the Strata Titles Registration Regulations (2006 Revision).
In any case where a declaration has been made pursuant to paragraph (b) of subsection (2) the court may, by order, impose such conditions and give such directions (including directions for the payment of money) as it thinks fit for the purpose of adjusting, as between the corporation and the proprietors and as amongst the proprietors themselves, the effect of the declaration.
An application for a declaration under paragraph (b) of subsection (2) may be made to the court by the corporation, by a proprietor or by a registered chargee of a strata lot.
On any application to the court for a declaration under paragraph (b) of subsection (2) any insurer who has effected insurance on the building or on any part thereof (being insurance against destruction of strata lots or damage to the building) shall have the right to appear in person or by an attorney-at-law.
The court may, on the application of a corporation, any member thereof or the administrator, by order, make provision for the winding-up of the affairs of the corporation and may, by the same or a subsequent order, declare the corporation dissolved as on and from a date specified in the order.
On any application under this section the court may make such order for the payment of costs as it thinks fit.
The court may, from time to time, vary any order made by it under subsection (3) or (7).

Defined Terms

buildingdestroyedcorporationRegistrarregistered strata planproprietorsstrata lotsparcelunit entitlementproprietors in commonsuper-majority resolutioncourtregistered chargeeinsureradministrator

Cross References

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