159BDecision whether to take action in respect of alleged breach by a short-stay occupant

159B Decision whether to take action in respect of alleged breach by a short-stay occupant

(1) This section applies if—

(a) a complaint is made under section 159A; or

(b) it otherwise comes to the attention of the owners corporation that a short‑stay occupant has breached a conduct proscription specified in section 159A(2).

(2) The owners corporation must decide—

(a) to take action under this Part in respect of an alleged breach by a short-stay occupant; or

(b) to take no action in respect of the alleged breach.

(3) The owners corporation must not take action under this Part in respect of an alleged breach by a short-stay occupant unless it believes on reasonable grounds that the short-stay occupant has committed the alleged breach.

(4) A decision under this Part cannot prevent the carrying out of an obligation under section 46 or 47 that is necessary to ensure safety or to prevent significant loss or damage.

S. 159C (Heading) amended by No. 40/2024 s. 27.

S. 159C inserted by No. 34/2018 s. 5.