Part 4Division 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.
(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).
(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.
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.
(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.
(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.
(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.