sec.242Time limit on certain adjudication applications

sec.242 Time limit on certain adjudication applications

This section applies to an adjudication application for an order declaring void— a meeting of the committee for the body corporate, or a general meeting of the body corporate; or a resolution of the committee or body corporate; or a decision of the body corporate for a specified two-lot scheme made by a lot owner agreement; or the election of an executive or other member of the committee. The adjudication application must be made within 3 months after— if subsection (1) (a) applies—the meeting; or if subsection (1) (b) applies—the meeting at which the resolution was passed or purported to be passed; or if subsection (1) (c) applies—the day when the lot owner agreement was made; or if subsection (1) (d) applies—the meeting at which the executive or other member was elected. A person is taken to have complied with subsection (2) for a dispute if the person made a conciliation application for the same dispute within the time mentioned in the subsection for the dispute. However, if the making of the adjudication application does not comply with subsection (2) — the commissioner must deal with the application (including making a dispute resolution recommendation for the application) as if the making of the application complied with subsection (2) ; and an adjudicator to whom the application is referred for specialist or department adjudication may, for good reason, waive the noncompliance. s 242 amd 2003 No. 6 s 3 sch ; 2007 No. 11 s 27 ; 2011 No. 9 s 34 (sec.242-ssec.1) This section applies to an adjudication application for an order declaring void— a meeting of the committee for the body corporate, or a general meeting of the body corporate; or a resolution of the committee or body corporate; or a decision of the body corporate for a specified two-lot scheme made by a lot owner agreement; or the election of an executive or other member of the committee. (sec.242-ssec.2) The adjudication application must be made within 3 months after— if subsection (1) (a) applies—the meeting; or if subsection (1) (b) applies—the meeting at which the resolution was passed or purported to be passed; or if subsection (1) (c) applies—the day when the lot owner agreement was made; or if subsection (1) (d) applies—the meeting at which the executive or other member was elected. (sec.242-ssec.3) A person is taken to have complied with subsection (2) for a dispute if the person made a conciliation application for the same dispute within the time mentioned in the subsection for the dispute. (sec.242-ssec.4) However, if the making of the adjudication application does not comply with subsection (2) — the commissioner must deal with the application (including making a dispute resolution recommendation for the application) as if the making of the application complied with subsection (2) ; and an adjudicator to whom the application is referred for specialist or department adjudication may, for good reason, waive the noncompliance.