Chapter 5 Disputes and orders of Adjudicators and Tribunal

Introductory note. This Chapter gives power to Adjudicators and the Tribunal to make orders to settle disputes about certain matters relating to the operation and management of a strata scheme.

Initially, an application for an order is processed by the Registrar. The Registrar must refuse to deal with a matter if satisfied that mediation was appropriate and was not attempted.

A person may either apply under Part 2 for mediation of a matter or make other arrangements for mediation. If mediation of a matter is unsuccessful or a matter is not appropriate for mediation, the Registrar may accept the application for the order. Depending on the nature of the order requested, the application will be dealt with by either an Adjudicator or the Tribunal.

The Tribunal has power to require a person to pay a pecuniary penalty for a contravention of an order made by an Adjudicator or the Tribunal or for a contravention of a notice served on the person by an owners corporation requiring the person to comply with a particular by-law that the person has previously contravened.

An appeal may be made to the Tribunal against an order of an Adjudicator and an appeal may be made to the District Court against an order of the Tribunal.

The following table describes the types of orders that may be made and who may apply for them.

To do what?	Who may apply?	Section
General orders for settlement of disputes
To resolve dispute or complaint about an exercise of, or a failure to exercise, a function conferred or imposed by or under this Act or the by-laws in relation to a strata scheme	Interested person	138
To resolve dispute or complaint about the operation, administration or management of a strata scheme under this Act	Interested person	138
To resolve dispute or complaint between contiguous strata schemes	Owners corporation	139
Orders relating to property
To get consent to existing or proposed alterations or repair of common property	Owner Lessor of leasehold strata scheme	140
To direct owner to lodge documents under section 14 (1) of Strata Schemes (Freehold Development) Act 1973 or section 17 (1) of Strata Schemes (Leasehold Development) Act 1986	Owner Lessor of leasehold strata scheme	141
To require owners corporation to dispose of personal property	Owner	142
To prevent owners corporation acquiring personal property	Owner	142
To require owners corporation to acquire personal property	Owner	143
To use specified common property for specified purposes	Owner	144
To require occupier of lot to allow owners corporation to enter lot	Owners corporation	145
To reallocate unit entitlements	Owners corporation Lessor of leasehold strata scheme Owner of lot (whether or not development lot) Local council Public authority or statutory body representing the Crown, that is empowered to impose a rate, tax or other charge by reference to a valuation of land	183
Orders relating to insurance
To require person to make or pursue insurance claim	Owner Lessor of a leasehold strata scheme Sublessee in a leasehold strata scheme Person in whom is vested estate in fee simple or a leasehold estate (in case where part of building is included in stratum parcel) of part of building not included in stratum parcel	146
To require insurance to be taken out	Owner Enrolled mortgagee or person having interest in lot Owners corporation Lessor of leasehold strata scheme Sublessee of common property in a leasehold strata scheme Sublessee of lot in leasehold strata scheme Person in whom is vested estate in fee simple or a leasehold estate (in case where part of building is included in stratum parcel) of part of building not included in stratum parcel Authority having benefit of a positive covenant affecting building or site	147
Orders relating to contributions
To prevent owners corporation charging interest for late payment of contribution	Owner	148
To alter amount of contributions	Owners corporation Lessor of leasehold strata scheme Owner Mortgagee in possession	149
To alter manner of payment of contributions	Owners corporation Lessor of leasehold strata scheme Owner Mortgagee in possession	149
Order relating to keeping of animals
To require removal of animal wrongly kept on lot	Owners corporation Strata managing agent Lessor of leasehold strata scheme Owner Person having estate or interest in lot Occupier of lot	150
To allow person to keep animal on lot	Person wanting to keep animal on lot	150
To remove animal causing nuisance or hazard	Owners corporation Lessor of leasehold strata scheme Strata managing agent Owner Person having estate or interest in lot Occupier of lot	151
To terminate nuisance, hazard or unreasonable nuisance caused by animal	Owners corporation Lessor of leasehold strata scheme Strata managing agent Owner Person having estate or interest in lot Occupier of lot	151
Orders relating to meetings and decisions of owners corporation
To vary time at which annual general meeting required to be held	Owners corporation Strata managing agent Owner	152
To invalidate resolution of owners corporation	Owner First mortgagee of lot	153
To nullify resolution of owners corporation on ground that person was denied vote or notice was not given	Person entitled to vote on resolution	154
Orders relating to records of owners corporation
To allow owners corporation to enter information on strata roll	Owners corporation Strata managing agent Owner Person having or acquiring estate or interest in lot	155
To require owners corporation, strata managing agent or office holder of executive committee to supply records or documents for inspection	Person entitled to inspect records or documents	156
Orders relating to by-laws
To revoke amendment to by-laws, revive repealed by-law or repeal new by-law	Person entitled to vote on motion relating to by-law Lessor of leasehold strata scheme	157
To make, amend or repeal by-law conferring exclusive rights or privileges over common property	Owners corporation Lessor of leasehold strata scheme Owner Interested person	158
To invalidate by-law	Person entitled to vote on motion relating to by-law Lessor of leasehold strata scheme	159
Orders relating to covenants and other restrictions
To comply with obligation imposed by positive covenant	Authority having benefit of positive covenant	160
To refrain from breaching restriction on use of utility lot	Owners corporation Lessor of leasehold strata scheme Owner Occupier of lot	161
To refrain from breaching restriction on use of utility lot within area of local council	Relevant local council	161
To waive, vary or extinguish restriction relating to initial period or to authorise any matter to be done in relation to the waiving, varying or extinguishing of such a restriction	Owners corporation—in any case Original owner—if application relates to proposed subdivision of lot Owner—if application relates to making, amendment or repeal of by-law	182
Orders appointing strata managing agents
To appoint strata managing agent	Person who obtained order under this Act that imposed duty on owners corporation or office holder of executive committee that has not been complied with Person having estate or interest in lot or, in the case of leasehold strata scheme, lease of lot Authority having benefit of positive covenant that imposes duty on owners corporation Judgment creditor to whom owners corporation owes judgment debt	162
Orders for imposition of fines
To impose pecuniary penalty for contravention of order under this Act	Applicant for original order Owners corporation—if order relates to parcel that is not stratum parcel In the case of a stratum parcel—each owners corporation for a stratum parcel including part of the building, lessor of a leasehold strata scheme, person in whom is vested an estate in fee simple (or in the case of a leasehold strata scheme, a leasehold estate) in a part of a building that is not included in a stratum parcel	202
To impose pecuniary penalty for contravention of by-laws	Owners corporation	203

Part 1 Application for order to resolve issue relating to strata scheme

Introductory note. This Part sets out the way in which an application for an order under this Chapter must be made. Before accepting an application, the Registrar must be satisfied that mediation has been attempted or that the matter is not appropriate for mediation.

123   What action can be taken if there is a dispute, complaint or problem concerning a strata scheme?

(1)  A person may apply for an order under this Chapter if the person is eligible to make an application in accordance with the provision under which the order may be made.

(2)  The regulations may make provision for or with respect to excluding a particular class or classes of strata schemes from any or all of the provisions of this Chapter.

124   Applications for order to be made to Registrar

An application for an order under this Chapter must be made to the Registrar and must:

(a)  be in writing stating the grounds on which it is based, and

(b)  specify the order sought, and

(c)  be accompanied by the prescribed fee.

125   Registrar to be satisfied that mediation has been attempted before accepting application

(1)  The Registrar must not accept an application for an order under this Chapter unless:

(a)  mediation under Part 2 or otherwise has been attempted but was unsuccessful, or

(b)  the Registrar considers that mediation is unnecessary or inappropriate in the circumstances, or

(c)  the application is for any of the following:

(i)  an order under section 162 for the appointment of a strata managing agent,

(ii)  an interim order under section 170 or stay of the operation of an order under section 180,

(iii)  a variation or revocation of an order under section 171 (2), 190 or 191,

(iv)  an order under section 182 (authorising certain acts during initial period),

(v)  an order for allocation of unit entitlements under section 183,

(vi)  an order under Part 6.

(2)  (Repealed)

(3)  If a matter is appropriate for mediation and mediation has not been attempted, the Registrar must inform the applicant that the applicant should arrange for mediation of the matter.

(4)  The applicant may apply to the Director-General for mediation of the matter in accordance with Part 2 or may make other arrangements for the mediation of the matter.

(5)  If the Registrar accepts an application for an order, the Registrar must deal with the application under Part 3.

126   Mediation may be arranged for disputes or complaints concerning stratum parcels

(1)  A person may apply to the Director-General in accordance with Part 2 for mediation of any dispute or complaint relating to the management of a building or its site where a part of the building is included in a stratum parcel.

(2)  The application may be made by any person who is bound for the time being by the strata management statement relating to the management of the building, whether or not the statement provides for conciliation of the dispute or complaint by the Director-General.

Part 2 Mediation and resolution of disputes by Director-General

Introductory note. This Part allows a person or owners corporation to apply to the Director-General to have a dispute concerning a strata scheme mediated.

The Part also provides for the mediation of disputes relating to the management of a building or its site if any part of the building is part of a strata scheme.

127   Definitions

In this Part:

mediation means a structured negotiation process in which the mediator, as a neutral and independent party, assists the parties to a dispute to achieve their own resolution of the dispute.

mediation session means a meeting arranged for the mediation of a matter under this Part.

mediator means the Director-General or any person approved by the Director-General in writing to be a mediator for the purposes of this Part.

128   Mediation of disputes relating to strata schemes

(1)  A person may apply to the Director-General for mediation of any matter for which the person may apply for an order under this Chapter.

(2)  On receipt of an application for mediation, the Director-General must, if the Director-General thinks the circumstances of the case are appropriate, arrange for the mediation of the matter in accordance with the regulations.

129   Mediation of certain building management disputes

(1)  The Director-General may arrange mediation under this Part on an application made under section 126 only with the consent of all parties to the dispute or complaint, but is not required to arrange mediation before exercising any other function under this Act, the by-laws or a strata management statement.

(2)  The Director-General may exercise any function conferred on the Director-General by a strata management statement in relation to the settlement of disputes or the rectification of complaints concerning the management of the building to which the statement relates or its site, but only if the Director-General considers that the function is appropriate.

130   Director-General may dismiss certain applications

The Director-General may dismiss an application for mediation under this Part if the Director-General believes that the application is frivolous, vexatious, misconceived or lacking in substance.

131   Agreements and arrangements arising from mediation sessions

(1)  An Adjudicator may make orders to give effect to any agreement or arrangement arising out of a mediation session.

(2)  An order referred to in subsection (1) may be made whether or not the mediation was carried out in accordance with this Part or by a mediator within the meaning of this Part.

(2A)  Without limiting subsection (1), an Adjudicator may make an order under that subsection that gives effect to the terms of a written agreement signed during a mediation session by persons who were parties to the mediation.

(2B)  A mediator may request the Registrar to refer a matter to an Adjudicator for the making of an order under this section, but only with the consent of the parties to the mediation.

(3)  This Part does not affect the enforceability of any other agreement or arrangement that may be made, whether or not arising out of a mediation session, in relation to the matters the subject of a mediation session.

132   Privilege

(1)  In this section, mediation session includes any steps taken in the course of making arrangements for the session or in the course of the follow-up of a session.

(2)  Subject to subsection (3), the same privilege with respect to defamation as exists with respect to judicial proceedings and a document produced in judicial proceedings exists with respect to:

(a)  a mediation session, or

(b)  a document or other material sent to, or produced at an office of, the Director-General for the purpose of enabling a mediation session to be arranged.

(3)  The privilege conferred by subsection (2) only extends to a publication made:

(a)  at a mediation session, or

(b)  as provided by subsection (2) (b), or

(c)  as provided by section 133.

(4)  Evidence of anything said or of any admission made in a mediation session is not admissible in any proceedings before any court, tribunal or body.

(5)  A document prepared for the purposes of, or in the course of, or as a result of, a mediation session, or any copy of such a document, is not admissible in evidence in any proceedings before any court, tribunal or body.

(6)  Subsections (4) and (5) do not apply with respect to any evidence or document:

(a)  if the persons in attendance at, or identified during, the mediation session and, in the case of a document, all persons identified in the document, consent to the admission of the evidence or document, or

(b)  in proceedings instituted with respect to any act or omission in connection with which a disclosure has been made under section 133 (c).

133   Secrecy

A mediator may disclose information obtained in connection with the administration or execution of this Part only in one or more of the following circumstances:

(a)  with the consent of the person from whom the information was obtained,

(b)  in connection with the administration or execution of this Part,

(c)  if there are reasonable grounds to believe that the disclosure is necessary to prevent or minimise the danger of injury to any person or damage to any property,

(d)  if the disclosure is reasonably required for the purpose of referring any party or parties to a mediation session to any person, agency, organisation or other body and the disclosure is made with the consent of the parties to the mediation session for the purpose of aiding in the resolution of a dispute between those parties or assisting the parties in any other manner,

(e)  in accordance with a requirement imposed by or under a law of the State (other than a requirement imposed by a subpoena or other compulsory process) or the Commonwealth.

134   Exoneration from liability for mediators

No matter or thing done or omitted to be done by a mediator subjects the mediator to any action, liability, claim or demand if the matter or thing was done in good faith for the purposes of a mediation session under this Part.

Part 3 Procedure after Registrar receives application

135   Notice of application to be given

(1)  The Registrar must give a copy of an application for an order under this Chapter to the owners corporation for the strata scheme to which the application relates and to any other person, not being the applicant, who, in the Registrar’s opinion, would be affected if the order sought were made.

(2)  The copy of the application must be accompanied by a notice stating that the person to whom the notice is given may make a written submission to the Registrar within a time specified in the notice, or within a longer time specified in any further notice given by the Registrar.

(3)  The Registrar must give a notice to the applicant for the order stating that the applicant may make further written submissions to the Registrar within a time specified in the notice, or within a longer time specified in any further notice given by the Registrar.

(4)  The Registrar may extend the time for the making of submissions by a further notice given to each of the persons to whom the original notice was given.

(5)  Subsections (2)–(4) do not apply to an application for an order under Part 6 (Enforcement of orders of Adjudicators and Tribunal and certain notices).

136   Owners corporation to display and give certain notices

(1)  An owners corporation given a copy of an application for an order under this Chapter accompanied by the relevant notice must:

(a)  immediately cause the application and notice or a copy of the application and notice to be prominently displayed on any notice board required to be maintained by or under the by-laws on some part of the common property, and

(b)  keep the application and notice so displayed until the expiration of the time specified in the notice for the making of submissions, and

(c)  immediately serve a copy of the application and notice on each person whose name appears on its strata roll.

(2)  This section does not apply to an application for an order under Part 6 (Enforcement of orders of Adjudicators and Tribunal and certain notices).

137   Procedure after time for making submissions has expired

(1)  This section operates after the time for making submissions concerning an application expires.

(2)  The Registrar must refer an application for an order referred to in Part 4 to an Adjudicator.

(3)  The Registrar must refer an application for an order referred to in Part 5 to the Tribunal.

(4)  If an application is referred to the Tribunal, whether by the Registrar or by an Adjudicator under Part 4, the Registrar must complete a notice containing the time and place at which, and the date on which, the Tribunal will determine the application.

(5)  The Registrar must send a copy of that notice to the following persons so that the copy would, in the ordinary course of post, be received by the addressee not less than 7 days before the day specified in the notice for the determination of the application:

(a)  the applicant,

(b)  the owners corporation for the strata scheme to which the application relates (if the owners corporation is not the applicant),

(c)  any person against whom the order is sought,

(d)  any person who made a submission concerning the application.

(6)  This section does not apply to an application for an order under Part 6 (Enforcement of orders of Adjudicators and Tribunal and certain notices).

137A   Procedure for orders under Part 6

(1)  The Registrar must refer to the Tribunal an application for an order under Part 6 (Enforcement of orders of Adjudicators and Tribunal and certain notices).

(2)  If such an application is referred to the Tribunal, the Registrar must complete a notice containing the time and place at which, and the date on which, the Tribunal will determine the application.

(3)  The Registrar must send a copy of that notice to the following persons so that the copy would, in the ordinary course of post, be received by the addressee not less than 7 days before the day specified in the notice of the determination of the application:

(a)  the applicant,

(b)  the owners corporation for the strata scheme to which the application relates (if the owners corporation is not the applicant),

(c)  any person against whom the order is sought.

Part 4 Orders of Adjudicator

Division 1 General power of Adjudicator to make orders

138   General power of Adjudicator to make orders to settle disputes or rectify complaints

(1)  An Adjudicator may make an order to settle a dispute or complaint about:

(a)  an exercise of, or a failure to exercise, a function conferred or imposed by or under this Act or the by-laws in relation to a strata scheme, or

(b)  the operation, administration or management of a strata scheme under this Act.

(2)  For the purposes of subsection (1), an owners corporation or building management committee is taken to have failed to exercise a function if:

(a)  it decides not to exercise the function, or

(b)  application is made to it to exercise the function and it fails for 2 months after the making of the application to exercise the function in accordance with the application or to inform the applicant that it has decided not to exercise the function in accordance with the application.

(3)  An Adjudicator may not make an order under subsection (1) for the settlement of a dispute or complaint:

(a)  dealt with in another section of this Chapter, or

(b)  referred to the Tribunal or only within the jurisdiction of the Tribunal, or

(c)  relating to the exercise, or the failure to exercise, a function conferred on an owners corporation by this Act or the by-laws if that function may be exercised only in accordance with a unanimous resolution or a special resolution (other than a special resolution under section 62 (3), 65A or 65B), or

(d)  that includes the payment by a person to another person of damages.

(4)  If a dispute or complaint arises from or relates to the operation or application of a provision of a lease of a lot, or of the common property, in a leasehold strata scheme, the lessor of the strata scheme must not:

(a)  commence other proceedings in connection with the settlement of the dispute or complaint after having made an application under this section for the settlement of the dispute or complaint, or

(b)  make an application under this section for the settlement of the dispute or complaint after having commenced other proceedings in connection with the settlement of the dispute or complaint.

(5)  An application for an order under this section may be made only by an interested person.

139   Order for settlement of dispute between adjoining strata schemes

(1)  An Adjudicator may make an order to settle a dispute between 2 strata schemes if:

(a)  the strata schemes concerned are contiguous, and

(b)  the matter in dispute is not regulated by or under any other Act.

(2)  An application for an order under this section may be made only by an owners corporation for a strata scheme involved in the dispute.

(3)  An order must not be made under this section unless the owners corporation for the other strata scheme involved in the dispute consented to the making of the application for the order.

Division 2 Orders relating to property

140   Order relating to alterations and repairs to common property and other property

(1)  An Adjudicator may order an owners corporation to consent to work proposed to be carried out by an owner if the Adjudicator considers that the owners corporation has unreasonably refused its consent and the work relates to any of the following:

(a)  alterations to common property directly affecting the owner’s lot,

(b)  carrying out repairs to common property or any other property of the owners corporation directly affecting the owner’s lot.

(2)  An Adjudicator may make an order approving of alterations or repairs already made by an owner to common property or any other property of an owners corporation directly affecting the owner’s lot if the Adjudicator considers that the owners corporation unreasonably refused its consent to the alteration or repairs.

(3)  An order under subsection (2) is taken to be the consent of the owners corporation to the alterations or repairs concerned and may be expressed as having effect from a day specified in the order that occurred before the order was made.

(4)  An Adjudicator may specify in an order under this section whether the owners corporation or the owner of the lot concerned has the ongoing responsibility for the repair and maintenance of any additional property arising out of an alteration or repair to common property approved under the order.

(5)  If an order makes provision for the owner of a lot to have the ongoing responsibility for the repair and maintenance of any such additional property, the order also has effect in relation to any subsequent owner of the lot.

(6)  In deciding whether to grant an order under subsection (2) or to provide for the order to have effect from a day that occurred before the date of the order, an Adjudicator may take into account the conduct of the parties in the proceedings, for example, if an owner did not first seek the consent of the owners corporation before carrying out the alterations or repairs.

(7)  An application for an order under this section may be made only by a lessor of a leasehold strata scheme or an owner.

141   Order consequent on alteration of building

(1)  An Adjudicator may make an order directing an owner to lodge in the office of the Registrar-General the plan and certificate referred to in section 14 (1) of the Strata Schemes (Freehold Development) Act 1973 or section 17 (1) of the Strata Schemes (Leasehold Development) Act 1986 if the Adjudicator is satisfied that the owner has failed or neglected to comply with that subsection.

(2)  The order must specify the time within which the plan and certificate must be lodged.

(3)  An application for an order under this section may be made only by a lessor of a leasehold strata scheme, a lessee of a lot in such a scheme, an owners corporation or an owner.

142   Order relating to personal property acquired or to be acquired by owners corporation

(1)  An Adjudicator may make one of the following orders if the Adjudicator considers that an acquisition, or a proposed acquisition, by an owners corporation of personal property is unreasonable:

(a)  that the personal property acquired be sold or otherwise disposed of by the owners corporation within a specified time,

(b)  that the personal property not be acquired.

(2)  An application for an order under this section may be made only by an owner.

143   Order requiring owners corporation to acquire personal property

(1)  An Adjudicator may order an owners corporation to acquire personal property if the Adjudicator considers that the owners corporation has unreasonably refused to acquire the personal property.

(2)  An application for an order under this section may be made only by an owner.

144   Order granting certain licences

(1)  An Adjudicator may order that the applicant for the order, and any occupier of the lot of which the applicant is the owner, may use specified common property in the manner, for the purposes, and on the terms and conditions (if any), that are specified in the order.

(2)  An Adjudicator must not make an order under this section unless satisfied:

(a)  that the lot of which the applicant is owner would otherwise be incapable of reasonable use and enjoyment by the current owner or occupier of the lot or generally by an owner or occupier of the lot, and

(b)  that the owners corporation has refused to grant a licence to use common property in a manner, for purposes, and on terms and conditions as would enable the current owner or occupier, or generally any owner or occupier, reasonably to use and enjoy that lot, and

(c)  in the case of a leasehold strata scheme, that the lessor of the scheme has, before the making of the order, been given an opportunity to make representations to the Adjudicator with respect to the application for the order.

(3)  An order under this section, when recorded under section 209, has effect as if its terms were a by-law (but subject to any relevant order made by a superior court).

(4)  An application for an order under this section may be made only by an owner.

145   Order for entry to lot

(1)  An Adjudicator may make an order requiring the occupier of a lot or part of a lot to allow access to the lot for any of the following purposes:

(a)  to enable the owners corporation to carry out any work referred to in section 65 (1) or to determine whether such work needs to be carried out,

(b)  to enable an inspection referred to in section 65C to be carried out.

(2)  This section does not limit the power of an owners corporation to enter a lot under section 65 (3) without applying for an order under this section.

(3)  An application for an order under this section may be made only by an owners corporation.

Division 3 Orders relating to insurance

146   Order to make or pursue insurance claim

(1)  An Adjudicator may order any person who is entitled to the benefit of insurance taken out under this Act to make or pursue an insurance claim in relation to damage to the building or any other property to which the insurance relates.

(2)  The Adjudicator may make the order only if the Adjudicator considers the person has unreasonably refused to make or pursue the claim.

(3)  An application for an order under this section in relation to a freehold strata scheme may be made only by:

(a)  an owner of a lot in the strata scheme for the building or part of the building concerned, or

(b)  if part of the building is included in a stratum parcel, any person in whom is vested an estate in fee simple in any part of the building or its site that is not included in a stratum parcel.

(4)  An application for an order under this section in relation to a leasehold strata scheme may be made only by:

(a)  any owner of a lot in the strata scheme for the building or part of the building concerned, or

(b)  the lessor of the strata scheme, or

(c)  a sublessee of a lot in the strata scheme, or

(d)  if part of the building is included in a stratum parcel, any person in whom is vested an estate in fee simple or a leasehold estate, registered under the Real Property Act 1900, in any part of the building or its site that is not included in a stratum parcel.

147   Order relating to insurance

(1)  An Adjudicator may order that insurance must be taken out under Division 2 of Part 4 of Chapter 3 for a specified amount, if the Adjudicator is satisfied that there is a dispute about the amount for which any such insurance should be taken out or the proportions in which the premium should be paid.

(2)  The order may require insurance to be taken out in accordance with the order for a period of up to 90 days, but does not affect the requirement made by Chapter 3 to keep the building insured after that period.

(3)  An Adjudicator may order that the amount of any insurance taken out under Division 2 of Part 4 of Chapter 3 or section 87 (1) (c) must be varied to a specified amount, if the Adjudicator considers that the amount of the current insurance is unreasonable.

(4)  An order under this section must specify by whom the insurance is to be taken out or varied and (if the building concerned contains a stratum parcel) the proportions in which the premium is to be paid.

(5)  An application for an order under this section may be made:

(a)  by an owner or an enrolled mortgagee of a lot, or a person having an interest in a lot, in a freehold strata scheme for the whole or any part of the building concerned, or

(b)  by the lessor of a leasehold strata scheme for the building or any part of the building concerned, by any owner or sublessee of the common property or by any owner, sublessee or an enrolled mortgagee of, or person having an interest in, a lot in the scheme, or

(c)  if part of the building is included in a stratum parcel, by any person in whom is vested (or who has an interest in) an estate in fee simple in any part of the building or its site that is not included in a stratum parcel or by any mortgagee under a mortgage registered under the Real Property Act 1900 of any such estate or interest, or

(d)  by an authority having the benefit of a positive covenant affecting the building or its site.

Division 4 Orders relating to contributions

148   Order varying rates of interest on contribution

(1)  An Adjudicator may order that no interest is chargeable on a contribution specified in the order if the Adjudicator considers that the owners corporation should reasonably have made a determination under section 79 not to charge interest for the late payment of the contribution.

(2)  An application for an order under this section may be made only by an owner.

149   Order for variation of contributions levied or manner of payment of contributions

(1)  An Adjudicator may make either or both of the following orders if the Adjudicator considers that any amount levied or proposed to be levied by way of contributions is inadequate or excessive or that the manner of payment of contributions is unreasonable:

(a)  an order for payment of contributions of a different amount,

(b)  an order for payment of contributions in a different manner.

(2)  If an Adjudicator considers that the consent of an owner referred to in section 77 has been unreasonably refused, the Adjudicator may make an order for payment of a different amount of one or more contributions levied or proposed to be levied by the owners corporation.

(3)  If a contribution which is the subject of an order under this section has been wholly or partly paid:

(a)  an order to pay more has effect as if the owners corporation had decided to levy a contribution equal to the difference, and

(b)  an order to pay less imposes a duty on the owners corporation to refund the difference.

(4)  An application for an order under this section may be made only by the lessor of a leasehold strata scheme, an owners corporation, an owner or by a mortgagee in possession (whether in person or not).

Division 5 Orders relating to keeping of animals

150   Order relating to keeping of animals

(1)  An Adjudicator may order a person who the Adjudicator considers is keeping an animal on a lot or common property in contravention of the by-laws to cause the animal to be removed from the parcel within a specified time, and to be kept away from the parcel.

(2)  An order under subsection (1) ceases to have effect if the keeping of the animal on the lot or common property is subsequently authorised in accordance with the by-laws.

(3)  An application for an order under subsection (1) may be made only by an owners corporation, a strata managing agent, the lessor of a leasehold strata scheme, an owner, any person having an estate or interest in a lot or an occupier of a lot.

(4)  An Adjudicator may, by order, declare that the applicant for the order may keep an animal on a lot or common property in such manner as is specified in the order if the Adjudicator is satisfied that:

(a)  subclause (2) of by-law 16 in Schedule 1 (or a provision to the like effect in any by-laws) is in force in relation to the strata scheme, and

(b)  the application is made with the consent of the owner of the applicant’s lot (if the applicant is not the owner), and

(c)  the owners corporation has unreasonably withheld its consent to the keeping by the applicant of the animal on the lot or the common property.

(4A)  An application for an order under subsection (4) may be made only by:

(a)  an owner of a lot in the strata scheme, or

(b)  an occupant of a lot in the strata scheme, with the consent of the owner of the lot.

(5)  Whether or not an order under this section is consistent with any by-law, the order binds:

(a)  in the case of a freehold strata scheme, each owner and occupier of a lot in and the owners corporation for the strata scheme, or

(b)  in the case of a leasehold strata scheme, the lessor of the scheme and each owner, sublessee and occupier of a lot in and the owners corporation for the strata scheme, or

(c)  if the strata scheme concerned is for a stratum parcel, each person who is bound by the strata management statement for the building and its site.

151   Order relating to animal kept in accordance with by-laws

(1)  An Adjudicator may make one of the following orders if the Adjudicator considers that an animal kept on a lot or the common property in accordance with the by-laws causes a nuisance or hazard to the owner or an occupier of another lot or unreasonably interferes with the use and enjoyment of another lot or of the common property:

(a)  an order that the person keeping the animal cause the animal to be removed from the parcel within a specified time, and to be kept away from the parcel,

(b)  an order that the person keeping the animal take, within a time specified in the order, such action so specified as, in the opinion of the Adjudicator, will terminate the nuisance, hazard or unreasonable interference.

(2)  An application for an order under this section may be made only by an owners corporation, lessor of a leasehold strata scheme, strata managing agent, an owner, any person having an estate or interest in a lot or an occupier of a lot.

Division 6 Orders relating to meetings and decisions of owners corporation

152   Order for variation of time at which annual general meeting must be held

(1)  An Adjudicator may make an order varying the time at which the annual general meeting for an owners corporation must be held.

(2)  An application for an order under this section may be made only by an owners corporation, a strata managing agent or an owner.

153   Order invalidating resolution of owners corporation

(1)  An Adjudicator may make an order invalidating any resolution of, or election held by, the persons present at a meeting of an owners corporation if the Adjudicator considers that the provisions of this Act have not been complied with in relation to the meeting.

(2)  An Adjudicator may refuse to make an order under this section but only if the Adjudicator considers:

(a)  that the failure to comply with the provisions of this Act did not adversely affect any person, and

(b)  that compliance with the provisions of this Act would not have resulted in a failure to pass the resolution or have affected the result of the election.

(3)  An application for an order under this section may be made only by an owner or first mortgagee of a lot.

154   Order where voting rights denied or due notice of item of business not given

(1)  An Adjudicator may order that a resolution passed at a general meeting of an owners corporation be treated as a nullity on and from the date of the order if satisfied that the resolution would not have been passed but for the fact that the applicant for the order:

(a)  was improperly denied a vote on the motion for the resolution, or

(b)  was not given due notice of the item of business in relation to which the resolution was passed.

(2)  An application for an order under this section may not be made after 28 days after the date of the meeting at which the resolution was passed.

(3)  If an order under this section is made in relation to a resolution making a by-law or amending or repealing another by-law and the order has been recorded as provided by section 209, the by-laws have force and effect on and from the date the order is so recorded to the same extent as they would have had if the resolution had not been passed.

(4)  Subsection (3) is subject to the by-laws having been or being amended or repealed in accordance with this Act and to any relevant order made by a superior court.

(5)  An application for an order under this section may be made only by a person entitled to vote on the motion for the resolution concerned.

Division 7 Orders relating to records of owners corporation

155   Order confirming information for strata roll

(1)  If a person fails to provide written confirmation of a notice under section 118 that is required to bear that confirmation, an Adjudicator may order an owners corporation to enter the information in the notice in the strata roll even though it does not bear that confirmation.

(2)  In making an order under this section, an Adjudicator may amend in any manner the Adjudicator thinks fit the information in the notice to which the order relates.

(3)  An Adjudicator must dismiss an application for an order under this section if the Adjudicator considers that the rights of any person would be prejudiced if the order were made.

(4)  A copy of an order under this section served on an owners corporation is taken to be a notice given to the owners corporation under section 118 and information entered on a strata roll in accordance with the order is taken to have been entered from a notice bearing written confirmation required by that section.

(5)  An application for an order under this section may be made only by an owners corporation, strata managing agent, owner or other person having or acquiring an estate or interest in a lot.

156   Order to supply information or documents

(1)  An Adjudicator may order an owners corporation, strata managing agent or office holder of an executive committee to supply to the applicant for the order information that the Adjudicator considers that the owners corporation, strata managing agent or office holder has wrongfully withheld from the applicant and to which the applicant is entitled under this Act.

(2)  An Adjudicator may order an owners corporation, strata managing agent or office holder of an executive committee to supply or make available to the applicant for the order a record or document if:

(a)  the Adjudicator considers that the owners corporation, strata managing agent or office holder has wrongfully failed to make the record or document available for inspection by the applicant or the applicant’s agent, and

(b)  the applicant is entitled under this Act to inspect the record or document.

Division 8 Orders relating to by-laws

157   Order revoking amendment of by-law or reviving repealed by-law

(1)  An Adjudicator may make one of the following orders if the Adjudicator considers that, having regard to the interest of all owners of lots in a strata scheme in the use and enjoyment of their lots or the common property, an amendment or repeal of a by-law or addition of a new by-law should not have been made or effected by the owners corporation:

(a)  an order that the amendment be revoked,

(b)  an order that the repealed by-law be revived,

(c)  an order that the additional by-law be repealed.

(2)  An order under this section, when recorded under section 209, has effect as if its terms were a by-law (but subject to any relevant order made by a superior court).

(3)  When making an order under this section in relation to a by-law referred to in section 51, an Adjudicator may direct the payment by the owners corporation of compensation to the owner of the lot, or owners of the lots, referred to in the by-law.

(4)  A payment ordered to be made in accordance with subsection (3) is recoverable by the owner or owners as a debt.

(5)  An application for an order under this section may be made only by a person entitled to vote on the motion to amend or repeal the by-law, or make the additional by-law, that is the subject of the application or the lessor of a leasehold strata scheme.

158   Order with respect to by-laws conferring exclusive rights or privileges over common property

(1)  An Adjudicator may make an order prescribing the making, amendment or repeal, in terms of the order, of a by-law if the Adjudicator finds:

(a)  on application made by an owner, that the owners corporation has unreasonably refused to make a by-law of the kind referred to in section 51, or

(b)  on application made by an owner or owners corporation, that an owner of a lot, or the lessor of a leasehold strata scheme, has unreasonably refused to consent to the terms of a proposed by-law of that kind, or to the proposed amendment or repeal of such a by-law, or

(c)  on application made by any interested person, that the conditions of such a by-law relating to the maintenance or upkeep of any common property are unjust.

(2)  In considering whether to make an order under this section, an Adjudicator must have regard to:

(a)  the interests of all owners in the use and enjoyment of their lots and common property, and

(b)  the rights and reasonable expectations of any owner deriving or anticipating a benefit under a by-law of the kind referred to in section 51.

(3)  An Adjudicator must not determine an application referred to in subsection (1) (a) by an order prescribing the making of a by-law in terms to which the applicant or, in the case of a leasehold strata scheme, the lessor of the scheme is not prepared to consent.

(4)  For the purposes of subsection (1), an Adjudicator may determine that an owner has unreasonably refused consent even though the owner already has the exclusive use or privileges that are the subject of the proposed by-law.

(5)  An order under this section, when recorded under section 209, has effect as if its terms were a by-law (but subject to any relevant order of a superior court).

159   Order invalidating by-law

(1)  An Adjudicator may make an order declaring a by-law to be invalid if the Adjudicator considers that an owners corporation did not have the power to make the by-law.

(2)  An order under this section, when recorded under section 209, has effect as if its terms were a by-law repealing the by-law declared invalid by the order (but subject to any relevant order of a superior court).

(3)  An order under this section operates on and from the date on which it is so recorded or from an earlier date specified in the order.

(4)  An application for an order under this section may be made only by a person entitled to vote on the motion to make the by-law or the lessor of a leasehold strata scheme.

Division 9 Orders relating to covenants and other restrictions

160   Order enforcing positive covenant

(1)  An Adjudicator may order an owners corporation or owner to comply with an obligation imposed by a positive covenant and relating to the maintenance, repair or insurance of a building in the strata scheme if the Adjudicator considers that the owners corporation or the owner has failed to comply with the obligation.

(2)  If an authority has been refused an injunction under section 88H of the Conveyancing Act 1919, an Adjudicator must not make an order under this section to the same effect as the injunction refused.

(3)  An application for an order under this section may be made only by an authority having the benefit of the positive covenant.

161   Order enforcing restriction on use of utility lot

(1)  An Adjudicator may order the owner of a utility lot and any other person who received notice of the application to refrain from committing a breach of a restriction imposed under section 39 of the Strata Schemes (Freehold Development) Act 1973 or section 68 of the Strata Schemes (Leasehold Development) Act 1986 on the use of the utility lot.

(2)  An application for an order under subsection (1) may be made only by an owners corporation, the lessor under a leasehold strata scheme or an owner or occupier of a lot in a strata scheme.

(3)  An Adjudicator may order the owner of a utility lot within the area of a local council and any other person who received notice of the application to refrain from committing a breach of a restriction imposed under section 39 of the Strata Schemes (Freehold Development) Act 1973 or section 68 of the Strata Schemes (Leasehold Development) Act 1986 on the use of the utility lot.

(4)  An application for an order under subsection (3) may be made only by the relevant local council.

Note. Utility lot is defined in the Strata Schemes (Freehold Development) Act 1973 and the Strata Schemes (Leasehold Development) Act 1986 as meaning a lot designed to be used primarily for storage or accommodation of boats, motor vehicles or goods and not for human occupation as a residence, office, shop or the like.

Division 10 Orders appointing strata managing agents

162   Order appointing strata managing agent to exercise certain functions

(1) Order appointing strata managing agent to exercise functions of owners corporation
An Adjudicator may by order appoint a person as a strata managing agent:

(a)  to exercise all the functions of an owners corporation, or

(b)  to exercise specified functions of an owners corporation, or

(c)  to exercise all the functions other than specified functions of an owners corporation.

(2) Order may confer other functions on strata managing agent
An Adjudicator may also order, when appointing a strata managing agent under this section, that the strata managing agent is to have and may exercise:

(a)  all the functions of the chairperson, secretary, treasurer or executive committee of the owners corporation, or

(b)  specified functions of the chairperson, secretary, treasurer or executive committee of the owners corporation, or

(c)  all the functions of the chairperson, secretary, treasurer or executive committee of the owners corporation other than specified functions.

(3) Order may be made without application in certain circumstances
An Adjudicator may make an order under this section, without an application having been made for the order, but only if satisfied that the management structure of a strata scheme the subject of an application under this Chapter is not functioning or is not functioning satisfactorily.

(3A) Order may be made on application in certain circumstances
An Adjudicator may make an order under this section, on application, but only if satisfied that:

(a)  the management structure of a strata scheme the subject of an application under this Chapter is not functioning or is not functioning satisfactorily, or

(b)  an owners corporation has failed to comply with a requirement imposed on the owners corporation by an order made under this Act, or

(c)  an owners corporation has failed to perform one or more of its duties, or

(d)  an owners corporation owes a judgment debt.

(4) Qualifications of person appointed
A person appointed as a strata managing agent under this section must:

(a)  hold a strata managing agent’s licence issued under the Property, Stock and Business Agents Act 2002, and

(b)  have given consent in writing to the appointment, which consent, in the case of a strata managing agent that is a corporation, may be given by the chief executive officer of the corporation.

(c)  (Repealed)

(5) Terms and conditions of appointment
A strata managing agent may be appointed under this section on such terms and conditions (including terms and conditions relating to remuneration by the owners corporation and the duration of appointment) as may be specified in the order making the appointment.

(6) Revocation of certain appointments
An order made in the circumstances referred to in subsection (3) may be revoked or varied by an Adjudicator on the application of a person entitled to make an application for an order under this section and, unless sooner revoked, ceases to have effect at the expiration of such period after its making (not exceeding 12 months) as is specified in the order.

(7) Who may make an application?
An application for an order under this section may be made only by:

(a)  a person who obtained an order under this Act that imposed a duty on the owners corporation or on its executive committee, chairperson, secretary or treasurer and that has not been complied with, or

(b)  a person having an estate or interest in a lot in the strata scheme concerned or, in the case of a leasehold strata scheme, in a lease of a lot in the scheme, or

(c)  the authority having the benefit of a positive covenant that imposes a duty on the owners corporation, or

(d)  a judgment creditor to whom the owners corporation owes a judgment debt.

Division 11 Provisions relating to orders of Adjudicator

162A   Applications for orders generally

If a provision of this Act, other than a provision of this Chapter, enables a person to make an application for an order of an Adjudicator, the application for the order must:

(a)  be made to the Registrar, and

(b)  be in writing, stating the grounds on which it is based, and

(c)  specify the order sought, and

(d)  be accompanied by the prescribed fee.

163   Dismissal of application on certain grounds

(1)  (Repealed)

(2)  If the ground for an application for an order under this Part is:

(a)  the absence of a quorum at a meeting, or

(b)  a defect, irregularity or deficiency of notice or time,

      an Adjudicator may, by order, dismiss the application if the Adjudicator believes that no substantial injustice has resulted.

(3)  An Adjudicator may, by order, dismiss an application for an order under this Part on any other ground that the Adjudicator considers appropriate.

(4)  Without limiting the generality of subsection (3), an Adjudicator may, by order, dismiss an application for an order under this Part if:

(a)  the Adjudicator believes that the application is frivolous, vexatious, misconceived or lacking in substance, or

(b)  the Adjudicator believes that a decision in favour of the applicant is not within the jurisdiction of the Adjudicator, or

(c)  the Adjudicator believes that the applicant has unreasonably delayed the provision of information required by the Adjudicator, or

(d)  in the case of an application made by an owner of a lot in the strata scheme concerned, the applicant has not paid all contributions levied and payable in relation to the lot under this Act.

(5)  An Adjudicator may dismiss an application in accordance with this section even though the notice requirements of Part 3 have not been complied with and despite that a time, or extended time, specified for making written submissions on the application has not expired.

164   Matters that may be referred to Tribunal

(1)  An Adjudicator may refer to the Tribunal an application for an order if the Adjudicator is of the opinion:

(a)  that the application raises complex legal issues, or

(b)  that it should be referred because of its importance or the possible frequency of like applications, or

(c)  that there are other good reasons to refer the application.

(2)  This section does not confer on any person a right to have referred to the Tribunal an application for an order that may be made by an Adjudicator.

165   Power of Adjudicator to decide type of order to be made

If an application is made for an order of an Adjudicator under a specific provision of this Act and the Adjudicator dealing with the application considers that an order under that provision is inappropriate, the Adjudicator may determine to deal with the application under another provision of this Act.

166   Order to be in writing

An order by an Adjudicator (including a variation of an order, an interim order and a renewal or revocation of an interim order) must be in writing.

167   Investigations by Adjudicator

(1)  An Adjudicator may investigate an application for an order in any way the Adjudicator thinks fit and may refuse to proceed with an application until any further information required by the Adjudicator has been provided.

(2)  For the purposes of the investigation, an Adjudicator may:

(a)  enter common property, or

(b)  enter a lot at a reasonable time on notice given to the occupier, or

(c)  if the strata scheme concerned is for the part of a building, enter any lot in any stratum parcel that includes the part of the building concerned and any other part of the building or its site at a reasonable time on notice given to the occupier of that lot or other part.

(3)  The power conferred by this section does not include power to enter a dwelling-house or other residential premises unless the occupier consents.

(4)  If an Adjudicator believes on reasonable grounds that there has been a breach of the by-laws for a strata scheme, the Adjudicator may exercise the power conferred by this section to investigate the grounds for the belief.

(5)  A person must not obstruct or hinder an Adjudicator, or a delegate of an Adjudicator, in the exercise of powers conferred by this section.

Maximum penalty (subsection (5)): 5 penalty units.

168   Order may not be made until submission time has expired

An Adjudicator must not make an order under this Part (other than an interim order) until after the expiration of the time, or extended time, for making written submissions on the application.

169   Ancillary orders

(1)  An order of an Adjudicator under this Part may include such ancillary or consequential provisions as the Adjudicator thinks fit.

(2)  For the purposes of this Part, an Adjudicator may order any person who is the subject of an application for an order to do, or to refrain from doing, a specified act with respect to a strata scheme.

170   Interim orders

(1)  If an applicant for an order under another provision of this Chapter requests the making of an interim order and an Adjudicator is satisfied on reasonable grounds that urgent considerations justify the making of the order, the Adjudicator may:

(a)  make any order that could otherwise be made by the Adjudicator or the Tribunal, and

(b)  renew the order by serving notice in accordance with section 174 that the order is renewed if a request for its renewal is made not later than 3 months after the order was made.

(2)  An Adjudicator may revoke an interim order, or a renewal of an order, made under subsection (1).

(3)  An Adjudicator must serve notice in accordance with section 174 that the order has been revoked.

(4)  A person must not in, or in connection with, a request for an interim order or for the renewal of an interim order make a statement that the person knows is false or misleading in a material respect.

Maximum penalty: 5 penalty units.

(5)  An interim order may be made or renewed even if:

(a)  an Adjudicator proposes to refer the application to the Tribunal, or

(b)  since receipt of the application, any procedure under this Act has not been followed or a function of an Adjudicator has not been exercised in relation to the application, or

(c)  the time, or extended time, for making written submissions on the application has not expired, or

(d)  a right of appearance or representation has not been exercised.

(6)  An interim order continues in force until:

(a)  the expiration of the period of 3 months that commenced with the making of the order, or

(b)  if application is duly made for its renewal—until the renewal is granted or refused, or

(c)  if it is renewed—the expiration of the period of 6 months that commenced with the making of the order.

(7)  Subsection (6) does not apply if the order is revoked by the Adjudicator or, on appeal, by the Tribunal or the application is determined in accordance with another provision of this Chapter.

171   Variation or revocation of order by Adjudicator

(1)  Unless specifically provided by this Act, an order made by an Adjudicator is not capable of being varied or revoked by the Adjudicator but this subsection does not prevent a subsequent order being made by the Adjudicator under this Part on a fresh application.

(2)  This section does not operate to prevent an Adjudicator from varying an order, whether or not on application, for the purpose of correcting or clarifying it or extending a time and the order as so varied is taken to be the order instead of the original order.

(3)  An application under this section may be made by any of the following persons:

(a)  the owners corporation,

(b)  the lessor of a leasehold strata scheme,

(c)  the applicant for the original order,

(d)  any person who made a written submission on the application for the original order,

(e)  any other person who is required by the original order to do or refrain from doing a specified act.

172   Duration of order by Adjudicator

Except to the extent that the order otherwise provides, an order made by an Adjudicator under this Part (other than an interim order) ceases to have any force or effect on the expiration of the period of 2 years that commences on the making of the order.

173   Adjudicator to have regard to strata management statement

(1)  Before making any order relating to the management of a strata scheme for a stratum parcel or the management of the building concerned or its site, an Adjudicator must have regard to the strata management statement for the building.

(2)  This section does not prevent an Adjudicator from making an order that is inconsistent with the provisions of a strata management statement, or that requires the amendment of such a statement.

174   Copy of order to be served

(1)  A copy of an order of an Adjudicator under this Part must be served by the Registrar on:

(a)  the owners corporation for the strata scheme to which the order relates and, in the case of a leasehold strata scheme, the lessor under the scheme, and

(b)  the applicant for the order, and

(c)  any person who duly made a written submission to an Adjudicator in connection with the application, and

(d)  any person against whom the order was sought and any other person who, by the order, is required to do, or to refrain from doing, a specified act.

(2)  On receipt of a copy of the order, the owners corporation must, unless the order otherwise provides:

(a)  cause it to be prominently displayed, within 72 hours of its receipt and for 14 days after that, on any notice board required to be maintained under the by-laws, or

(b)  if no notice board is required to be maintained under the by-laws, cause a further copy of the order to be given to each person whose name appears on the strata roll.

(3)  In this section, order includes a variation of an order, an interim order and a renewal or revocation of an interim order.

175   Adjudicator may inspect certain records

(1)  If an Adjudicator requests an owners corporation in the exercise of the Adjudicator’s functions, the owners corporation must provide information to the Adjudicator and allow the Adjudicator to inspect its records under Division 4 of Part 5 of Chapter 3.

(2)  An owners corporation must not neglect or fail to comply with a request under subsection (1).

Maximum penalty: 5 penalty units.

(3)  No charge is payable by an Adjudicator in connection with a request made under this section.

176   Adjudicator not to make order with respect to certain matters

(1)  An Adjudicator may not, in connection with an application under this Part, make an order for the payment of costs.

(2)  Nothing in this Division authorises an Adjudicator to make an order of the kind that may be made by the Supreme Court under section 32, 50 or 51 of the Strata Schemes (Freehold Development) Act 1973 or section 61, 79 or 80 of the Strata Schemes (Leasehold Development) Act 1986.

(3)  An Adjudicator may determine a question of title to land only for the purpose of deciding a matter under this Part.

(4)  Any determination under subsection (3) does not have any force or effect except as provided by this Act.

Division 12 Appeals against orders of Adjudicator

177   Appeal against order of Adjudicator

(1)  An appeal lies to the Tribunal against an order made by an Adjudicator under this Part.

(2)  The appellant may be:

(a)  the applicant for the order appealed against, or

(b)  a person who made a written submission on the application for the order, or

(c)  a person required by the order to do or refrain from doing a specified act, or

(d)  in the case of a leasehold strata scheme, the lessor of the strata scheme.

178   How is an appeal made?

(1)  The appellant must lodge with the Registrar a written notice of appeal that is accompanied by the prescribed fee and specifies:

(a)  the name and address of the appellant, and

(b)  the order appealed against, and

(c)  the grounds of the appeal, and

(d)  any other prescribed particulars.

(2)  The only ground of appeal against the granting of an interim order is that the Adjudicator acted unreasonably in making the order.

(3)  The notice of appeal against an order made by an Adjudicator dismissing an application must be lodged not later than 21 days after the order takes effect.

(4)  The notice of appeal against any other order must be lodged:

(a)  not later than 21 days after the order takes effect, or

(b)  not later than 90 days after the order takes effect if the Tribunal gives leave to do so on sufficient cause being shown why the notice was not lodged within the time referred to in paragraph (a).

179   Procedure after appeal is lodged

(1)  The Registrar must send to the Tribunal the notice of appeal and the Adjudicator’s records relating to the order appealed against.

(2)  The Registrar must complete a notice containing the time and place at which, and the date on which, the Tribunal will determine the appeal.

(3)  The Registrar must send a copy of that notice together with a copy of the notice of appeal to the following persons so that the notices would, in the ordinary course of post, be received by the addressee not less than 7 days before the day specified in them for the determination of the appeal:

(a)  the appellant,

(b)  the person against whom the order appealed against was sought and any other person entitled to appeal,

(c)  the owners corporation for the strata scheme to which the order appealed against relates.

180   Stay of operation of order

(1)  If a notice of appeal is accompanied by a request for a stay of the operation of the order appealed against under this section, an Adjudicator, before the Tribunal is sent the notice of appeal and other documents, or the Tribunal may, by order, stay the operation of the order appealed against until the appeal is determined.

(2)  The Registrar must forward notice of an order made under this section to the persons referred to in section 179 (3).

181   Determination of appeal from order of Adjudicator

(1)  This section applies to the determination by the Tribunal of an appeal from an order of an Adjudicator.

(2)  The Tribunal may admit new evidence.

(3)  Unless the order appealed against is an interim order, the Tribunal may determine an appeal by an order affirming, amending or revoking the order appealed against or substituting its own order for the order appealed against.

(4)  If the order appealed against is an interim order, the Tribunal may determine the appeal by an order revoking the interim order or dismissing the appeal.

(5)  An order made by the Tribunal under subsection (3) has effect, and the provisions of this Act (other than the provisions conferring a right of appeal to the Tribunal) apply to it, as if it were an order made under the same provision as the order appealed against.

(6)  Subsection (5) does not exclude an appeal from an order of the Tribunal made under this section.

Part 5 Orders of Tribunal

Division 1 Matters for which orders may be made by Tribunal

182   Order to authorise certain acts during initial period

(1)  The Tribunal may make an order:

(a)  waiving, varying or extinguishing a restriction relating to the initial period (whether or not imposed by this Act, the Strata Schemes (Freehold Development) Act 1973 or the Strata Schemes (Leasehold Development) Act 1986), and

(b)  authorising any matter to be done in relation to the waiving, varying or extinguishing of such a restriction.

(2)  Notice of an application must be served on:

(a)  the owners corporation and each owner of a lot, unless the owners corporation or the owner is the applicant, and

(b)  each registered mortgagee and enrolled mortgagee (if any) of a lot and any covenant chargee having the benefit of a covenant charge affecting a lot, and

(c)  such other persons as the Tribunal may direct.

(3)  The Tribunal may order that service of notice of an application be dispensed with if the Tribunal considers it appropriate in the circumstances of the case.

(4)  The applicant and any person referred to in subsection (2) (whether or not the person has been served with a notice of the application) are entitled to appear and be heard on the hearing of the application.

(5)  An application for an order under subsection (1) may be made only by:

(a)  in any case—the owners corporation, or

(b)  in a case where the application relates to a proposed subdivision of a lot—by the original owner, or

(c)  in a case where the application relates to the making, amendment or repeal of a by-law—an owner.

183   Order for reallocation of unit entitlements

(1) Tribunal may make order allocating unit entitlements
The Tribunal may make an order allocating unit entitlements among the lots that are subject to a strata scheme in the manner specified in the order.

(2) Circumstances in which order may be made
An order may be made only if the Tribunal considers that the allocation of unit entitlements among the lots:

(a)  was unreasonable when the strata plan was registered or when a strata plan of subdivision was registered, or

(a1)  was unreasonable when a revised schedule of unit entitlements was lodged at the conclusion of a development scheme, or

(b)  became unreasonable because of a change in the permitted land use, being a change (for example, because of a rezoning) in the ways in which the whole or any part of the parcel could lawfully be used, whether with or without development consent.

(3) Matters to be taken into consideration
In making a determination under this section, the Tribunal is to have regard to the respective values of the lots and (if a strata development contract is in force in relation to the strata scheme) to such other matters as the Tribunal considers relevant.

(4) Application to be accompanied by valuation
An application for an order must be accompanied by a certificate specifying the valuation, at the relevant time of registration or immediately after the change in the permitted land use, of each of the lots to which the application relates.

(5) Qualifications of person making valuation
The certificate must have been given by a registered valuer under the Valuers Act 2003 authorised under that Act to make such a valuation (a qualified valuer).

(6) Ancillary orders that may be made if original valuation unsatisfactory
The Tribunal may, if it makes an order allocating unit entitlements that were not allocated in accordance with a valuation of a qualified valuer and, in the opinion of the Tribunal, were allocated unreasonably by a developer, also order:

(a)  the payment by the developer to the applicant for the order of the costs incurred by the applicant, including fees and expenses reasonably incurred in obtaining the valuation and the giving of evidence by a qualified valuer, and

(b)  the payment by the developer to any or all of the following people of such amounts as may be assessed by the Tribunal to represent any overpayments (due to the unreasonable allocation) for which liability arose not earlier than 6 years before the date of the order:

the lessor of a leasehold strata scheme

the owners corporation

the owners of lots.

(7) Recovery of amounts awarded
An amount ordered to be paid under this section may be recovered as a debt.

(8) Who may make application?
An application for an order under this section may be made only by:

(a)  an owner of a lot (whether or not a development lot) within the parcel, or

(b)  the owners corporation, or

(c)  the lessor of a leasehold strata scheme, or

(d)  the local council, or by any other public authority or statutory body representing the Crown, being an authority or body that is empowered to impose a rate, tax or other charge by reference to a valuation of land.

(9) Lodgment of order
The owners corporation must ensure that a copy of an order made by the Tribunal under this section is lodged in the Registrar-General’s office no more than 2 years after the order is made.

Note. Section 209 contains provisions with respect to the lodgment of an order made under this section.

(10)  Nothing in this section prevents a person referred to in subsection (8) from lodging a copy of an order made under this section.

183A   Orders relating to caretaker agreements

(1)  The Tribunal may make an order with respect to a caretaker agreement:

(a)  terminating the agreement, or

(b)  requiring the payment of compensation by a party to the agreement, or

(c)  varying the term or varying or declaring void any of the conditions of the agreement, or

(d)  confirming the term or any of the conditions of the agreement, or

(e)  dismissing the application.

(2)  An order under this section may be made only on an application made by the owners corporation for the strata scheme concerned on one or more of the following grounds:

(a)  that the caretaker has refused or failed to perform the agreement or has performed it unsatisfactorily,

(b)  that charges payable by the owners corporation under the agreement for the services of the caretaker are unfair,

(c)  that the agreement is, in the circumstances of the case, otherwise harsh, oppressive, unconscionable or unreasonable.

(3)  Any amount ordered to be paid under this section may be recovered as a debt.

183B   Orders for appointment of strata managing agent

(1) Order appointing strata managing agent to exercise functions of owners corporation
The Tribunal may, on its own motion, make an order appointing a person as a strata managing agent:

(a)  to exercise all the functions of an owners corporation, or

(b)  to exercise specified functions of an owners corporation, or

(c)  to exercise all the functions other than specified functions of an owners corporation.

(2) Order may confer other functions on strata managing agent
The Tribunal may also order, when appointing a strata managing agent under this section, that the strata managing agent is to have and may exercise:

(a)  all the functions of the chairperson, secretary, treasurer or executive committee of the owners corporation, or

(b)  specified functions of the chairperson, secretary, treasurer or executive committee of the owners corporation, or

(c)  all the functions of the chairperson, secretary, treasurer or executive committee of the owners corporation other than specified functions.

(3) Circumstances in which order may be made
The Tribunal may make an order under this section only if satisfied that the management structure of a strata scheme the subject of an application under this Chapter or an appeal to the Tribunal is not functioning or is not functioning satisfactorily.

(4) Qualifications of person appointed
A person appointed as a strata managing agent under this section must:

(a)  hold a strata managing agent’s licence issued under the Property, Stock and Business Agents Act 2002, and

(b)  have consented in writing to the appointment, which consent, in the case of a strata managing agent that is a corporation, may be given by the chief executive officer of the corporation.

(5) Terms and conditions of appointment
A strata managing agent may be appointed under this section on such terms and conditions (including terms and conditions relating to remuneration by the owners corporation and the duration of appointment) as may be specified in the order making the appointment.

(6) Revocation of certain appointments
An order under this section may be revoked or varied on the application of any of the following persons and, unless sooner revoked, ceases to have effect at the expiration of such period after its making (not exceeding 12 months) as is specified in the order:

(a)  a person who obtained an order under this Act that imposed a duty on the owners corporation or on its executive committee, chairperson, secretary or treasurer and that has not been complied with,

(b)  a person having an estate or interest in a lot in the strata scheme concerned or, in the case of a leasehold strata scheme, in a lease of a lot in the scheme,

(c)  the authority having the benefit of a positive covenant that imposes a duty on the owners corporation,

(d)  a judgment creditor to whom the owners corporation owes a judgment debt.

184   Tribunal’s jurisdiction to deal with applications referred by Adjudicator

(1)  If an Adjudicator refers to the Tribunal an application for an order that, but for the referral, could have been made by the Adjudicator, the Tribunal has the same powers as the Adjudicator to make an order (other than an interim order) or to dismiss the application.

(2)  Except in relation to a right of appeal to the Tribunal, this Act has effect in relation to an order made under subsection (1) as if the order were an order of an Adjudicator.

(3)  Subsection (2) does not exclude an appeal from an order of the Tribunal made under subsection (1).

Division 2 Provisions relating to orders of Tribunal

185   Dismissal of application on certain grounds

(1)  (Repealed)

(2)  If the ground for an application for an order under this Part is:

(a)  the absence of a quorum at a meeting, or

(b)  a defect, irregularity or deficiency of notice or time,

      the Tribunal may, by order, dismiss the application if the Tribunal believes that no substantial injustice has resulted.

(3)  The Tribunal may, by order, dismiss an application for an order under this Part on any other ground that the Tribunal considers appropriate.

(4)  Without limiting the generality of subsection (3), the Tribunal may, by order, dismiss an application for an order under this Part if:

(a)  the application is frivolous, vexatious, misconceived or lacking in substance, or

(b)  a decision in favour of the applicant is not within the jurisdiction of the Tribunal, or

(c)  the applicant has unreasonably delayed the provision of information required by an Adjudicator, or

(d)  the application is made by an owner of a lot in the strata scheme concerned and the applicant has not paid all contributions levied and payable in relation to the lot under this Act.

(5)  The Tribunal may, by order, dismiss an appeal.

186   Investigations and proceedings before the Tribunal

(1)  Before making an order (except an order for a stay of proceedings), the Tribunal must investigate the application for the order or, in the case of an appeal, the grounds for the appeal.

(2)  In any such investigation or in any proceedings before it for an order, the Tribunal:

(a)  is not bound by the rules of evidence and may inform itself on any matter in such manner as it thinks fit, and

(b)  must act according to equity, good conscience and the substantial merits of the case without regard to technicalities or legal forms.

(3)  The Tribunal need not hold a hearing in order to decide an application or appeal unless there is an appearance by a person entitled or required to appear before it.

(4)  A hearing need not be formal.

187   Power of Tribunal to decide type of order to be made

If an application is made for an order of the Tribunal under a specific provision of this Act and the Tribunal considers that an order under that provision is inappropriate, the Tribunal may determine to deal with the application under another provision of this Act.

188   Ancillary orders

(1)  An order made by the Tribunal may include such ancillary or consequential provisions as the Tribunal thinks fit.

(2)  For the purpose of securing compliance with an order of the Tribunal, the Tribunal may order any person who was the subject of the application for the order to do or refrain from doing a specified act with respect to a strata scheme.

189   Variation or revocation of orders by Tribunal

Unless specifically provided by this Act, an order made by the Tribunal is not capable of being varied or revoked by the Tribunal but this subsection does not prevent a subsequent order being made by the Tribunal under this Part on a fresh application.

190   Tribunal may vary order to correct error, for clarification or to extend time limit

(1)  The Tribunal may vary an order, whether or not on application, for the purpose of correcting or clarifying it or extending a time limit and the order as so varied is taken to be the order instead of the original order.

(2)  An application under this section may be made by any of the following persons:

(a)  the owners corporation,

(b)  the lessor of a leasehold strata scheme,

(c)  the applicant for the original order,

(d)  any person who made a written submission on the application for the original order,

(e)  any other person who is required by the original order to do or refrain from doing a specified act.

191   Tribunal may vary or revoke order in certain circumstances

(1)  The Tribunal may, on application, make an order varying or revoking an order made by the Tribunal under this Part.

(2)  An application may only be made with the approval of the Registrar and within the prescribed time.

(3)  The Registrar must not give approval unless:

(a)  the Registrar is satisfied that there is sufficient reason to do so, or

(b)  the order was made in the absence of the applicant and the Registrar is satisfied that there were reasonable grounds for that absence.

(4)  An application under this section may be made by any of the following persons:

(a)  the owners corporation,

(b)  the lessor of a leasehold strata scheme,

(c)  the applicant for the original order,

(d)  any person who made a written submission on the application for the original order,

(e)  any other person who is required by the original order to do or refrain from doing a specified act.

(5)  An application under this section must be dealt with in all respects as if it were an application for an order under this Part required to be referred to the Tribunal.

(6)  An order made under this section has effect, and the provisions of this Act apply to it, in all respects as if it were an order made under the provision of this Act under which the original order was made.

(7)  However, an order made under this section may not be varied or revoked by another order made under this section.

192   Orders relating to costs

The Tribunal may not make any order for the payment of costs except as specifically authorised by this Act or in relation to an order dismissing an application or appeal because:

(a)  the application or appeal is frivolous, vexatious, misconceived or lacking in substance, or

(b)  a decision in favour of the applicant or appellant is not within the jurisdiction of the Tribunal.

193   Representation before the Tribunal

(1)  The following persons may appear or be represented before the Tribunal if the Tribunal is dealing with an application:

(a)  the applicant for the order,

(b)  a person who received a copy of the notice of the application from the Registrar and who made a written submission on the application and any person who was entitled to receive a copy of such a notice,

(c)  in the case of an appeal, a person who received a copy of the notice of appeal from the Registrar and any person who was entitled to receive a copy of such a notice,

(d)  any other person who is, or whose conduct is, the subject of an application or appeal.

(2)  Representation before the Tribunal may be by an Australian legal practitioner, or by an agent authorised in writing.

(3)  A representative may examine witnesses and address the Tribunal.

194   Intervention by Director-General

(1)  The Director-General may intervene in proceedings before the Tribunal if the Director-General is of the opinion that it would be in the public interest to do so.

(2)  The Director-General must intervene in proceedings before the Tribunal if directed to do so by the Minister.

(3)  The Director-General has a right to be heard personally or by an Australian legal practitioner or an agent in proceedings before the Tribunal.

(4)  The Director-General, on intervening in any proceedings, becomes a party to the proceedings and has all the rights of such a party.

(5)  The Director-General is to bear the Director-General’s costs of intervening in proceedings before the Tribunal.

195   Copy of order to be served

(1)  An order made by the Tribunal must be made in writing.

(2)  The Registrar must serve a copy of any such order on:

(a)  the owners corporation for the strata scheme to which the order relates and, in the case of a leasehold strata scheme, the lessor of the strata scheme, and

(b)  the applicant for the order and the appellant (if any), and

(c)  any person who made a written submission on the application for the order or who, in the case of an order on appeal, was given notice by the Registrar of the time and place for the determination of the appeal, and

(d)  any person required by the order to do or to refrain from doing a specified act, and

(e)  in the case of an order under Part 6 (Enforcement of orders of Adjudicators and Tribunal and certain notices), any person against whom the order has been made.

(3)  On receipt of a copy of the order, the owners corporation must, unless the order otherwise provides:

(a)  cause it to be prominently displayed, within 72 hours of its receipt and for 14 days after that, on any notice board required to be maintained under the by-laws, or

(b)  if no notice board is required to be maintained under the by-laws, cause a further copy of the order to be given to each person whose name appears on the strata roll.

(4)  Subsections (2) (c) and (d) and (3) do not apply to an application for an order under Part 6 (Enforcement of orders of Adjudicators and Tribunal and certain notices).

196   Witness may be summoned before Tribunal

(1)  The Tribunal, or the Registrar if authorised by the Tribunal either generally or in a particular case, may summon any person to attend the Tribunal at the time and place specified in the summons and then and there to give evidence and to produce any books, documents or writings specified in the summons that are in the person’s custody or control.

(2)  A summons may be issued under this section only on the request of one of the following persons:

(a)  a person whose application is being or is to be dealt with under this Part,

(b)  a person who received a copy of the notice of the application from the Registrar,

(c)  in the case of an appeal, a person who received a copy of the notice of appeal from the Registrar,

(d)  the agent of any such person.

(3)  The fee payable for the issue of a summons is such amount as may be prescribed.

(4)  A person is not bound to produce any books, documents or writings that are not specified or otherwise sufficiently described in the summons or that the person would not be bound to produce on a subpoena for production in the Supreme Court.

(5)  A summons under this section need not be complied with by a person unless the person is tendered his or her reasonable expenses for attending the Tribunal in accordance with the summons.

(6)  A person served with a summons under this section must not, without reasonable excuse, fail to comply with the summons.

Maximum penalty (subsection (6)): In the case of a corporation, 10 penalty units and, in any other case, 5 penalty units or imprisonment for 6 months, or both.

197   Tribunal may administer oath

(1)  The Tribunal may administer an oath or affirmation to a person appearing as a witness before the Tribunal, whether or not the person has appeared in answer to a summons, and may examine the witness on oath or affirmation.

(2)  A person appearing as a witness before the Tribunal:

(a)  must not refuse to be sworn or to make an affirmation, and

(b)  must not refuse to answer any question relevant to any proceedings before the Tribunal put to the person by the Tribunal or by any person entitled to appear before the Tribunal in those proceedings, and

(c)  must not knowingly give false testimony in any evidence given by the person to the Tribunal.

Maximum penalty: 5 penalty units or imprisonment for 6 months, or both.

(3)  A witness before the Tribunal has the same protection and, in addition to the penalties provided by this Act, the same liabilities as the person would have had if the person had been a witness before the Supreme Court.

198   Contempt of Tribunal

(1)  A person must not:

(a)  wilfully insult the Tribunal, or

(b)  wilfully misbehave in proceedings before the Tribunal, or

(c)  wilfully and without lawful excuse interrupt proceedings before the Tribunal, or without lawful excuse disobey a direction of the Tribunal during proceedings before the Tribunal.

Maximum penalty: 5 penalty units or imprisonment for 6 months, or both.

(2)  The Tribunal may, in proceedings before it, direct a person who does anything referred to in subsection (1) to leave and a person to whom such a direction is given must not fail to comply with the direction.

Maximum penalty: 5 penalty units.

(3)  The Registrar or an officer prescribed by the regulations for the purposes of this section may act as informant in proceedings for an offence under this section.

199   Tribunal may not make order where title to land in question

(1)  The Tribunal may determine a question of title to land only for the purpose of deciding a matter under this Part.

(2)  Any determination under this section does not have any force or effect except as provided by this Act.

Division 3 Appeals against orders of Tribunal

200   Appeal to District Court

(1)  An appeal lies to the District Court against an order made by the Tribunal under this Chapter.

(2)  An appeal lies in the same cases and in the same way as it would lie under Part 5 of the Crimes (Local Courts Appeal and Review) Act 2001 if the order were a determination that the Local Court made, at the time the order took effect, in the exercise of summary jurisdiction on a court attendance notice.

(3)  The persons who may appeal against an order of the Tribunal (other than an order varying or revoking an order of the Tribunal or an order made on an appeal to the Tribunal) are:

(a)  the applicant for the order appealed against, or

(b)  a person who duly made written submissions on the application for the order, or

(c)  any person required by the order to do, or refrain from doing, any act.

(4)  The persons who may appeal against an order of the Tribunal varying or revoking an order made by it are:

(a)  the applicant for the variation or revocation, or

(b)  any person who under subsection (3) was entitled to appeal against the making of the order that has been varied or revoked, or

(c)  the relevant owners corporation or lessor of a leasehold strata scheme.

(5)  The persons who may appeal against an order of the Tribunal made on the determination of an appeal are:

(a)  the appellant to the Tribunal, or

(b)  the applicant for the original order made by an Adjudicator (if the applicant was not the appellant to the Tribunal), or

(c)  any person who duly made written submissions to an Adjudicator in connection with the application for the original order, or

(d)  a person required to do or refrain from doing any act by the order.

201   No appeal available from Tribunal except as provided by this Division

Except as provided by this Part, an appeal does not lie from an order made by the Tribunal.

Part 6 Enforcement of orders of Adjudicators and Tribunal and certain notices

202   Civil penalties for contravention of orders under this Chapter

(1)  The Tribunal may, by order, require a person to pay a pecuniary penalty of an amount of up to 50 penalty units for contravention of an order under this Chapter (the original order).

(2)  An application for an order under subsection (1) may be made:

(a)  in any case, by the applicant for the original order, or

(b)  if the original order relates to a parcel that is not a stratum parcel, by the owners corporation for the parcel, or

(c)  if the order relates to a stratum parcel, by each owners corporation for a stratum parcel including part of the building, the lessor of the strata scheme (in the case of a leasehold strata scheme) or by any person in whom is vested an estate in fee simple (or in the case of a leasehold strata scheme, a leasehold estate) in a part of the building that is not included in a stratum parcel, or

(d)  in the case of an order that gives effect to any agreement or arrangement arising out of a mediation session, by either party to the mediation.

203   Civil penalties for contravention of notice of owners corporation

(1)  The Tribunal may, on application by an owners corporation, by order require a person to pay a pecuniary penalty of an amount of up to 5 penalty units if the Tribunal is satisfied that:

(a)  the owners corporation served a notice under section 45 on the person requiring the person to comply with a particular by-law, and

(b)  the person has since contravened the by-law.

(2)  An application for an order under this section must be made by the owners corporation within 12 months after the notice under section 45 was served.

204   Order as to costs

(1)  The Tribunal may also make an order for the payment of costs when making an order requiring the payment of a pecuniary penalty under this Part.

(2)  Any costs awarded against a person on an application for an order under section 202 include the amount of the fee paid when the application for the original order was made.

205   Payment of penalties or costs

(1)  If the Tribunal makes an order under this Part requiring a person to pay a pecuniary penalty, the Tribunal may specify in the order that the penalty or a part of the penalty must be paid to the applicant for the order as damages for work carried out by the person in relation to the matter the subject of the proceedings.

(2)  The imposition of the pecuniary penalty operates as a judgment under the Civil Procedure Act 2005 for the amount of the pecuniary penalty against the person required to pay it in favour of:

(a)  the applicant for the order, or

(b)  the applicant for the order and the Director-General, if the order requires part only of the penalty to be paid to the applicant, or

(c)  the Director-General only, if the order so requires.

(3)  Any pecuniary penalty or part of a pecuniary penalty recovered under this Part that the Tribunal has not ordered to be paid to an applicant for an order is to be paid to the Director-General for payment into the Department of Fair Trading Operating Account or an account prescribed by the regulations for the purposes of this subsection.

(4)  The making of an order as to costs operates as a judgment under the Civil Procedure Act 2005 for the amount of the costs against the person required to pay it in favour of the applicant for the order.

206   Unpaid pecuniary penalty is charge on lot

(1)  Any pecuniary penalty or part of a pecuniary penalty the subject of an order under this Part that is to be paid by an owner of a lot in a freehold strata scheme to the owners corporation is a charge on the lot until paid to or recovered by the owners corporation.

(2)  Any pecuniary penalty or part of a pecuniary penalty the subject of an order under this Part that is to be paid by an owner of a lot in a leasehold strata scheme to the owners corporation is a charge on the lease of the lot until paid to or recovered by the owners corporation.

(3)  The charge does not affect a bona fide purchaser for value who made due inquiry at the time of purchase but had no notice of the liability.

Part 7 Effect of orders of Adjudicators and Tribunal

207   Effect of certain orders

(1)  The terms of the following orders, to the extent to which they impose a requirement on an owners corporation, are taken to have effect as a resolution of the owners corporation to do what is needed to comply with the requirement:

(a)  an order under section 138 in which an Adjudicator declares that the order is to have effect as a decision of the owners corporation,

(b)  an order under section 140, 142, 143, 147, 148, 149 or 154 (except subsection (3)).

(2)  The owners corporation must cause the terms of an order referred to in subsection (1) to be recorded in its minute book on receipt of a copy of the order served on the owners corporation by the Registrar.

208   Resolution purporting to alter effect of order

(1)  The owners corporation may amend or revoke an order referred to in section 207 only by a unanimous resolution or as provided by subsection (2).

(2)  If an order referred to in section 207 specifies a period during which a resolution of an owners corporation purporting to alter the effect of the order would be inoperative, such a resolution passed during that period has no force or effect unless:

(a)  it is a unanimous resolution, or

(b)  it is passed on a motion submitted to a general meeting after being authorised, by order, by the Tribunal.

(3)  An application for an order authorising a motion for submission to a general meeting:

(a)  may be made by any person who, at the time of the application, could have applied for the order to which the proposed motion relates, and

(b)  must be made to the Registrar in writing, and

(c)  must specify the order sought, and

(d)  must specify the grounds on which it is based, and

(e)  must be accompanied by the prescribed fee.

(4)  The application must be dealt with as if it were an application for an order required to be referred to the Tribunal for determination.

209   Recording in Register of effect of certain orders

(1)  The Registrar-General must make such recordings in the Register with respect to an order under this Act as appear to the Registrar-General to be necessary or proper to give effect to the order if:

(a)  a copy of the order, certified by the Registrar as a true copy, has been lodged in the office of the Registrar-General, and

(b)  the prescribed fee has been paid.

(2)  A certificate of title comprising the common property for a strata scheme is, for the purposes of Part 15 of the Real Property Act 1900, taken to be wrongfully retained if a copy of an order has been lodged as referred to in subsection (1) and the owners corporation:

(a)  has not, within a period of 21 days after notice in writing served on it by the person lodging the copy of the order, lodged the certificate of title, or

(b)  has not, within that period, made application under section 111 of the Real Property Act 1900 or does not duly prosecute that application.

(3)  The Registrar-General must, on lodgment under subsection (1) of a copy of an order under section 183, amend the schedule of unit entitlement recorded in the folio of the Register comprising the common property to which the order relates, to the extent necessary to give effect to the order.

(4)  The Registrar-General must, on lodgment in the Registrar-General’s office of a copy of an order made by a superior court with respect to an order under section 183 that is certified by the appropriate officer of that court to be a true copy, amend the schedule of unit entitlement recorded in the folio of the Register comprising the common property to which that order relates to the extent necessary to give effect to that order.

(5)  The Registrar-General may refuse to make recordings in the Register under this section with respect to a copy of an order unless the copy is accompanied by the certificate of title comprising the common property or evidence to the satisfaction of the Registrar-General of the service of the notice referred to in subsection (2) (a).

210   Time at which order takes effect

(1)  An order takes effect when a copy of the order is served:

(a)  if the order requires a person to do or refrain from doing a specified act, on that person, or

(b)  in any other case, on the owners corporation for the strata scheme to which the order relates.

(2)  This section does not apply if express provision is otherwise made by this Act or in the order itself.