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Buildings damaged but not destroyed

Strata Titles Registration Regulations, reg. 25 · Revised Edition 2020

(1) Where a building is damaged but is not destroyed within the meaning of section 17(2) of the Act, the court may by order settle a scheme, including provisions– (a) for the reinstatement of the building in whole or in part; (b) for transfer to the other proprietors in proportion to their unit entitlement of the interests of proprietors of strata lots which have been wholly or partially destroyed. 18 Strata Titles (2) In exercise of its powers under this regulation, the court may make such orders as it thinks necessary or expedient for giving effect to the scheme, including orders– (a) directing the application of insurance moneys received by the corporation in respect of damage to the building; (b) directing payment of money by the corporation or by the proprietors or by some one or more of them; (c) directing such amendment of the strata plan as the court thinks fit, so as to include in the common property any alteration thereto; (d) imposing such general terms and conditions as it thinks fit. (3) For the purposes of this regulation, an application may be made to the court by the corporation, or by a proprietor or a registered chargee of a strata lot. (4) On an application to the court under this regulation, any insurer who has insured the building or 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 counsel. (5) The court may from time to time vary any order made by it under this regulation.
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