(b) give a written notice of the Minister's decision on the application to each such corporation after being notified of the decision. (5) In this section: approved form means a form approved by the Minister. the developer's interest in the development does not include the developer's interest as the proprietor of a unit in the development. 26H. Damage for failure of developer (1) Where a developer fails to comply with a disclosure statement or complete a condominium development in accordance with the disclosure statement, the proprietor of a unit, or a person who has contracted with the developer to purchase a proposed unit, in the condominium development may, in addition to any other right at law or in equity he may have, sue for and recover such damages from the developer as the Court thinks fit. (2) Without limiting the generality of subsection (1), the proprietor of a unit, or a person who has contracted with the developer to purchase a proposed unit, in the condominium development shall be entitled to recover any expected loss of capital appreciation of his unit or proposed unit arising out of the failure, calculated to the date on which the condominium development was to be completed in accordance with the disclosure statement. (3) The proprietor's consent to a variation of the statement does not prevent the proprietor from acting under this section in relation to the statement as in force before the variation. (4) This section has effect subject to any agreement between the proprietor and the developer. 26J. Variation of disclosure statement (1) At any time after the completion of the first stage of a condominium development, the developer may apply to the for Surveyor-General a variation of the approval of the subdivision proposed in the Surveyor-General's disclosure statement.
(b) give a written notice of the Minister's decision on the application to each such corporation after being notified of the decision. (5) In this section: approved form means a form approved by the Minister. the developer's interest in the development does not include the developer's interest as the proprietor of a unit in the development. 26H. Damage for failure of developer (1) Where a developer fails to comply with a disclosure statement or complete a condominium development in accordance with the disclosure statement, the proprietor of a unit, or a person who has contracted with the developer to purchase a proposed unit, in the condominium development may, in addition to any other right at law or in equity he may have, sue for and recover such damages from the developer as the Court thinks fit. (2) Without limiting the generality of subsection (1), the proprietor of a unit, or a person who has contracted with the developer to purchase a proposed unit, in the condominium development shall be entitled to recover any expected loss of capital appreciation of his unit or proposed unit arising out of the failure, calculated to the date on which the condominium development was to be completed in accordance with the disclosure statement. (3) The proprietor's consent to a variation of the statement does not prevent the proprietor from acting under this section in relation to the statement as in force before the variation. (4) This section has effect subject to any agreement between the proprietor and the developer. 26J. Variation of disclosure statement (1) At any time after the completion of the first stage of a condominium development, the developer may apply to the Surveyor-General for a variation of the Surveyor-General's approval of the subdivision proposed in the disclosure statement.