Body Corporate and Community Management Act 1997
sec.184Preliminary procedure for application by body corporate for resolution of dispute
Start here
Get a plain-English read of sec.184
Turn the raw legal text into a practical explanation grounded in Body Corporate and Community Management Act 1997.
sec.184 Preliminary procedure for application by body corporate for resolution of dispute
This section applies if— a dispute exists between— the body corporate for a community titles scheme (the aggrieved body corporate ) and the owner or occupier of a lot included in the scheme; or the body corporate for a community titles scheme in a layered arrangement of community titles schemes (also the aggrieved body corporate ) and another body corporate in the layered arrangement and the dispute relates to by-laws that are binding on both; or the body corporate for a community titles scheme in a layered arrangement of community titles schemes (also the aggrieved body corporate ) and an owner or occupier of a lot in a community titles scheme in the layered arrangement and the dispute relates to by-laws that are binding on both; and the dispute arises because the aggrieved body corporate reasonably believes— that— the owner or occupier has contravened a provision of the by-laws for the scheme; or the other body corporate in the layered arrangement of community titles schemes has contravened a provision of the by-laws that are binding on both; or the owner or occupier of a lot in a community titles scheme in the layered arrangement of community titles schemes has contravened a provision of the by-laws that are binding on both; and the circumstances of the contravention make it likely the contravention will continue or be repeated. The body corporate may make an application under chapter 6 for resolution of the dispute only if the body corporate has given the owner or occupier, or other body corporate, a contravention notice for the contravention the subject of the dispute. This section is subject to section 186 . s 184 ins 2003 No. 6 s 60 amd 2023 No. 29 s 18 (sec.184-ssec.1) This section applies if— a dispute exists between— the body corporate for a community titles scheme (the aggrieved body corporate ) and the owner or occupier of a lot included in the scheme; or the body corporate for a community titles scheme in a layered arrangement of community titles schemes (also the aggrieved body corporate ) and another body corporate in the layered arrangement and the dispute relates to by-laws that are binding on both; or the body corporate for a community titles scheme in a layered arrangement of community titles schemes (also the aggrieved body corporate ) and an owner or occupier of a lot in a community titles scheme in the layered arrangement and the dispute relates to by-laws that are binding on both; and the dispute arises because the aggrieved body corporate reasonably believes— that— the owner or occupier has contravened a provision of the by-laws for the scheme; or the other body corporate in the layered arrangement of community titles schemes has contravened a provision of the by-laws that are binding on both; or the owner or occupier of a lot in a community titles scheme in the layered arrangement of community titles schemes has contravened a provision of the by-laws that are binding on both; and the circumstances of the contravention make it likely the contravention will continue or be repeated. (sec.184-ssec.2) The body corporate may make an application under chapter 6 for resolution of the dispute only if the body corporate has given the owner or occupier, or other body corporate, a contravention notice for the contravention the subject of the dispute. (sec.184-ssec.3) This section is subject to section 186 .