Section 34A - Local Court Act 2007 - Jurisdiction in company title home unit disputes

34AJurisdiction in company title home unit disputes

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34A Jurisdiction in company title home unit disputes

(1) The Court has jurisdiction to hear and determine proceedings involving company title home unit disputes.

(2) A company title home unit dispute is a dispute between interested parties about any of the following matters—

(a) the health, safety and security of persons occupying or visiting the land owned by a company title corporation or residential premises located on that land (including, for example, safety of children on the premises and waste disposal),

(b) the common property on the land owned by a company title corporation (including, for example, parking and vehicle access, repair and maintenance, design and appearance),

(c) the use of residential premises located on the land owned by a company title corporation occupied by a shareholder of the corporation (including, for example, external appearance of premises or the keeping of pets),

(d) the behaviour of persons occupying or visiting the land owned by a company title corporation or residential premises located on the land (including, for example, noise),

(e) the refusal by a company title corporation to allow a shareholder of the corporation to grant a lease or licence to use or occupy premises located on the land owned by the corporation,

(f) administrative matters relating to the running of a company title corporation (including, for example, levies).

(3) However, a company title home unit dispute does not include the following—

(a) a dispute arising under a residential tenancy agreement to which the Residential Tenancies Act 2010 applies,

(b) a dispute arising under a lease to which the Landlord and Tenant (Amendment) Act 1948 applies,

(c) a dispute about the sale, transfer or other disposition of shares in a company title corporation or the forfeiture of such shares,

(d) a dispute about any matter that is a superior court matter within the meaning of the Corporations Act 2001 of the Commonwealth.