sec.185Preliminary procedure for application by owner and occupier for resolution of dispute

sec.185 Preliminary procedure for application by owner and occupier for resolution of dispute

This section applies if— a dispute exists between— the owner or occupier of a lot included in a community titles scheme (the complainant ) and the owner or occupier of another lot included in the scheme (the accused person ); or the owner or occupier of a lot (also the complainant ) included in a community titles scheme ( scheme A ) in a layered arrangement of community titles schemes and the owner or occupier of a lot included in another scheme ( scheme B ) in the layered arrangement (also the accused person ) and the dispute relates to by-laws that are binding on both; and the dispute arises because the complainant reasonably believes that— the accused person has contravened a provision of the by-laws for the scheme that are binding on both the complainant and the accused person; and the circumstances of the contravention make it likely the contravention will continue or be repeated. For a complainant who is the owner or occupier of a lot mentioned in subsection (1) (a) , other than an owner of a lot in a specified two-lot scheme, the complainant may make an application under chapter 6 for resolution of the dispute only if— the complainant has, in the approved form, asked the accused person’s body corporate to give the accused person a contravention notice for the contravention the subject of the dispute; and the accused person’s body corporate does not advise the complainant, as required under section 182 (3) , 182A (4) , 183 (3) or 183AA (4) , that the contravention notice has been given to the accused person. For a complainant who is the owner or occupier of a lot included in a specified two-lot scheme, the complainant may make an application under chapter 6 for resolution of the dispute only if— if the complainant is an owner of a lot included in the scheme—the complainant has given the accused person a contravention notice for the contravention the subject of the dispute; or if the complainant is an occupier of a lot included in the scheme— the complainant has, in the approved form, asked the owner of the lot they occupy to give the accused person a contravention notice for the contravention the subject of the dispute; and the lot owner does not advise the complainant, as required under section 183C (4) or 183D (4) , that the contravention notice has been given to the accused person. This section is subject to section 186 . In this section— accused person’s body corporate means the body corporate for the community titles scheme that includes the accused person’s lot. owner or occupier , of a lot, does not include an owner that— is a body corporate that is the owner of a lot included in a community titles scheme in a layered arrangement of community titles schemes; and has given an accused person— a continuing contravention notice under section 182A (2) for a contravention the subject of the dispute; or a future contravention notice under section 183AA (2) for a contravention the subject of the dispute. s 185 ins 2003 No. 6 s 60 amd 2011 No. 9 s 23 ; 2023 No. 29 s 19 (sec.185-ssec.1) This section applies if— a dispute exists between— the owner or occupier of a lot included in a community titles scheme (the complainant ) and the owner or occupier of another lot included in the scheme (the accused person ); or the owner or occupier of a lot (also the complainant ) included in a community titles scheme ( scheme A ) in a layered arrangement of community titles schemes and the owner or occupier of a lot included in another scheme ( scheme B ) in the layered arrangement (also the accused person ) and the dispute relates to by-laws that are binding on both; and the dispute arises because the complainant reasonably believes that— the accused person has contravened a provision of the by-laws for the scheme that are binding on both the complainant and the accused person; and the circumstances of the contravention make it likely the contravention will continue or be repeated. (sec.185-ssec.2) For a complainant who is the owner or occupier of a lot mentioned in subsection (1) (a) , other than an owner of a lot in a specified two-lot scheme, the complainant may make an application under chapter 6 for resolution of the dispute only if— the complainant has, in the approved form, asked the accused person’s body corporate to give the accused person a contravention notice for the contravention the subject of the dispute; and the accused person’s body corporate does not advise the complainant, as required under section 182 (3) , 182A (4) , 183 (3) or 183AA (4) , that the contravention notice has been given to the accused person. (sec.185-ssec.3) For a complainant who is the owner or occupier of a lot included in a specified two-lot scheme, the complainant may make an application under chapter 6 for resolution of the dispute only if— if the complainant is an owner of a lot included in the scheme—the complainant has given the accused person a contravention notice for the contravention the subject of the dispute; or if the complainant is an occupier of a lot included in the scheme— the complainant has, in the approved form, asked the owner of the lot they occupy to give the accused person a contravention notice for the contravention the subject of the dispute; and the lot owner does not advise the complainant, as required under section 183C (4) or 183D (4) , that the contravention notice has been given to the accused person. (sec.185-ssec.4) This section is subject to section 186 . (sec.185-ssec.5) In this section— accused person’s body corporate means the body corporate for the community titles scheme that includes the accused person’s lot. owner or occupier , of a lot, does not include an owner that— is a body corporate that is the owner of a lot included in a community titles scheme in a layered arrangement of community titles schemes; and has given an accused person— a continuing contravention notice under section 182A (2) for a contravention the subject of the dispute; or a future contravention notice under section 183AA (2) for a contravention the subject of the dispute.