Multi-Unit Developments Act 2011

9.

Consequences of transfer of common areas.

9.— (1) Where a transfer of the ownership of the relevant parts of the common areas of a multi-unit development is made in compliance with sections 3 , 4 or 5 then, notwithstanding any agreement, contract, deed, instrument or rule of law the developer shall retain the right to pass and re-pass and have access to such parts of the common areas as is reasonably necessary to enable the multi-unit development to be completed.

(2) The developer shall indemnify the owners’ management company in respect of all claims made against the company of whatever nature or kind in respect of acts or omissions by the developer in the course of works connected with the completion of the multi-unit development.

(3) The developer shall, at its expense, effect and keep in force a policy of insurance with an authorised insurer providing adequate insurance in respect of all risks in respect of the developer’s use or occupation of the multi-unit development.

(4) Subject to subsection (2), in exercising any rights or in discharging any obligations in relation to the multi-unit development (whether those rights or obligations arise under this Act or otherwise), the developer shall take all reasonable steps necessary to minimise inconvenience to the unit owners in the multi-unit development.

(5) The developer shall ensure that access to the transferred common areas by unit owners in the transferred common areas and their servants, agents, tenants and licensees, is maintained at all reasonable times, and that such access is maintained in a clean and safe fashion.

(6) The owners’ management company and unit owners shall not obstruct the developer—

( a) in exercising any rights in relation to the multi-unit development or adjacent land, or

( b) in discharging obligations pursuant to section 7 in relation to the multi-unit development or adjacent land.

(7) References in this section to the developer shall be construed as including a reference to servants, agents and licensees of the developer.

(8) References in this section to a unit owner shall be construed as including a reference to servants, agents, tenants and licensees of the unit owner concerned.