Body Corporate and Community Management Act 1997
sec.227Meaning of dispute
Start here
Get a plain-English read of sec.227
Turn the raw legal text into a practical explanation grounded in Body Corporate and Community Management Act 1997.
sec.227 Meaning of dispute
A dispute is a dispute between— the owner or occupier of a lot included in a community titles scheme and the owner or occupier of another lot included in the scheme; or the body corporate for a community titles scheme and the owner or occupier of a lot included in the scheme; or the body corporate for a community titles scheme and a body corporate manager for the scheme; or the body corporate for a community titles scheme and a caretaking service contractor for the scheme; or the body corporate for a community titles scheme and a service contractor for the scheme, if the dispute arises out of a review carried out, or required to be carried out, under chapter 3 , part 2 , division 7 ; or the body corporate for a community titles scheme and a letting agent for the scheme; or the body corporate for a community titles scheme and a member of the committee for the body corporate; or the committee for the body corporate for a community titles scheme and a member of the committee; or the body corporate for a community titles scheme and a former body corporate manager for the scheme about the return, by the former body corporate manager to the body corporate, of body corporate property; or if the dispute is about access by an interested person (layered arrangement) to the records of a body corporate for a community titles scheme in a layered arrangement of community titles schemes—the person and the body corporate; or if the dispute is about the giving of documents or material required to be given to a body corporate for a community titles scheme by an original owner under this Act—the body corporate and the original owner for the scheme. An application by a person mentioned in subsection (1) (a) to (h) for a declaratory order about the operation of this Act is also a dispute even if there is no respondent or affected person for the application. an application by a body corporate for an order declaring the financial year for the body corporate If a community titles scheme is included in a layered arrangement of community titles schemes, a dispute between the following parties is also a dispute if the dispute relates to by-laws that are binding on both parties and the person commencing the proceeding is directly and materially affected by the subject of the dispute— the owner or occupier of a lot included in the community titles scheme and the owner or occupier of a lot in another community titles scheme that is included in the layered arrangement; the body corporate for the community titles scheme and another body corporate that is included in the layered arrangement; the body corporate for the community titles scheme and the owner or occupier of a lot in another community titles scheme that is included in the layered arrangement. An adjudication application made by a body corporate for an alternative insurance order is also a dispute . s 227 ins 2003 No. 6 s 73 amd 2007 No. 11 s 18 ; 2023 No. 29 s 27 (sec.227-ssec.1) A dispute is a dispute between— the owner or occupier of a lot included in a community titles scheme and the owner or occupier of another lot included in the scheme; or the body corporate for a community titles scheme and the owner or occupier of a lot included in the scheme; or the body corporate for a community titles scheme and a body corporate manager for the scheme; or the body corporate for a community titles scheme and a caretaking service contractor for the scheme; or the body corporate for a community titles scheme and a service contractor for the scheme, if the dispute arises out of a review carried out, or required to be carried out, under chapter 3 , part 2 , division 7 ; or the body corporate for a community titles scheme and a letting agent for the scheme; or the body corporate for a community titles scheme and a member of the committee for the body corporate; or the committee for the body corporate for a community titles scheme and a member of the committee; or the body corporate for a community titles scheme and a former body corporate manager for the scheme about the return, by the former body corporate manager to the body corporate, of body corporate property; or if the dispute is about access by an interested person (layered arrangement) to the records of a body corporate for a community titles scheme in a layered arrangement of community titles schemes—the person and the body corporate; or if the dispute is about the giving of documents or material required to be given to a body corporate for a community titles scheme by an original owner under this Act—the body corporate and the original owner for the scheme. (sec.227-ssec.2) An application by a person mentioned in subsection (1) (a) to (h) for a declaratory order about the operation of this Act is also a dispute even if there is no respondent or affected person for the application. an application by a body corporate for an order declaring the financial year for the body corporate (sec.227-ssec.3) If a community titles scheme is included in a layered arrangement of community titles schemes, a dispute between the following parties is also a dispute if the dispute relates to by-laws that are binding on both parties and the person commencing the proceeding is directly and materially affected by the subject of the dispute— the owner or occupier of a lot included in the community titles scheme and the owner or occupier of a lot in another community titles scheme that is included in the layered arrangement; the body corporate for the community titles scheme and another body corporate that is included in the layered arrangement; the body corporate for the community titles scheme and the owner or occupier of a lot in another community titles scheme that is included in the layered arrangement. (sec.227-ssec.4) An adjudication application made by a body corporate for an alternative insurance order is also a dispute .