Part 12Disputes and Tribunal powers

# Part 12 Disputes and Tribunal powers Part 12 Disputes and Tribunal powers Introductory note. This Part gives power to the Tribunal to make orders to settle disputes about certain matters relating to the operation and management of a strata scheme. It also contains general provisions about the powers of the Tribunal and some other order-making powers of the Tribunal. Initially, an application for an order is processed by the registrar. The registrar must refuse to deal with a matter if satisfied that mediation was appropriate and was not attempted. A person may either apply to the Secretary for mediation of a matter or make other arrangements for mediation. If mediation of a matter is unsuccessful or a matter is not appropriate for mediation, the registrar may accept the application for the order. The following table describes the types of orders that may be made and who may apply for them. | To do what? | Who may apply? | Section | | Orders relating to meetings and decisions of owners corporation | | To require original owner to provide things to owners corporation | Owners corporation | 17 | | To require meeting to be held | OwnerOwners corporationMortgagee | 20 | | To invalidate resolution or election | OwnerFirst mortgagee of lot | 24 | | To nullify resolution of owners corporation on ground that person was denied vote or notice was not given | Person entitled to vote on resolution | 25 | | To require meeting to be held if no officers or committee after first AGM | OwnerMortgageeCovenant chargee | 48 | | Orders relating to covenants and other restrictions | | To waive, vary or extinguish restriction relating to initial period or to authorise any matter to be done in relation to the waiving, varying or extinguishing of such a restriction | Owners corporationOriginal ownerOwner | 27 | | To comply with obligation imposed by positive covenant | Authority having benefit of positive covenant | 234 | | To refrain from breaching restriction on use of utility lot | Owners corporationLessor of leasehold strata schemeOwnerOccupier of lot | 235 | | To refrain from breaching restriction on use of utility lot within area of local council | Relevant local council | 235 | | Orders relating to strata managing agents and building managers | | To terminate strata managing agent or building manager agreement or make other order about an agreement | Owners corporation | 72 | | To appoint strata managing agent | Person who obtained order under this Act that imposed duty on owners corporation or office holder that has not been complied withPerson having estate or interest in lot or, in the case of leasehold strata scheme, lease of lotAuthority having benefit of positive covenant that imposes duty on owners corporationJudgment creditor to whom owners corporation owes judgment debt | 237 | | Orders relating to contributions and funds | | To allocate payment of surplus money | Owners corporationCovenant chargeeOwnerMortgagee | 77 | | To alter amount of contributions | Owners corporationLessor of leasehold strata schemeOwnerMortgagee in possession | 82 | | To prevent owners corporation charging interest for late payment of contribution | Owner | 85 | | To require original owner to compensate for inadequate estimates/contributions | Owners corporationOwner | 89 | | Orders relating to property | | To require occupier of lot to allow owners corporation to enter lot | Owners corporation | 124 | | To get consent to existing or proposed alterations or repair of common property | Lessor of leasehold strata schemeOwner | 126 | | To declare work to be cosmetic work or minor renovation | Owner | 127 | | To direct owner to lodge documents under section 19 of Strata Schemes Development Act 2015 | Owners corporationLessor of leasehold strata schemeOwner | 128 | | To require owner to comply with window safety device obligation | Owners corporation | 129 | | To require owners corporation to carry out window safety device function | Interested person (other than owners corporation) | 129 | | To require owners corporation to dispose of personal property | Owner | 130 | | To prevent owners corporation acquiring personal property | Owner | 130 | | To require owners corporation to acquire personal property | Owner | 130 | | To use specified common property for specified purposes | Owner | 131 | | To require owner or occupier to repair damage or compensate for damage | Owners corporation | 132 | | To reallocate unit entitlements | Owners corporationLessor of leasehold strata schemeOwner of lot (whether or not development lot)Local councilPublic authority or statutory body representing the Crown, that is empowered to impose a rate, tax or other charge by reference to a valuation of land | 236 | | Orders relating to by-laws | | To revoke amendment to by-laws, revive repealed by-law or repeal new by-law | Person entitled to vote on motion relating to by-lawLessor of leasehold strata scheme | 148 | | To change by-law conferring exclusive rights or privileges over common property | Owners corporationLessor of leasehold strata schemeOwnerInterested person | 149 | | To invalidate by-law | Person entitled to vote on motion relating to by-lawLessor of leasehold strata scheme | 150 | | Order relating to keeping of animals | | To require removal of animal wrongly kept on lot | Interested person | 156 | | To allow person to keep animal on lot | OwnerOccupier | 157 | | To remove animal causing nuisance or hazard | Interested person | 158 | | To terminate nuisance, hazard or unreasonable nuisance caused by animal | Interested person | 158 | | Orders relating to insurance | | To adjust proportion of insurance premium to be paid | Person liable to pay premium | 162 | | To exempt from requirement to insure | Person required to insure | 172 | | To require person to make or pursue insurance claim | OwnerLessor of a leasehold strata schemeSublessee in a leasehold strata schemePerson in whom is vested estate in fee simple or a leasehold estate (in case where part of building is included in part strata parcel) of part of building not included in part strata parcel | 174 | | To require insurance to be taken out | OwnerEnrolled mortgagee or person having interest in lotLessor of leasehold strata schemeSublessee of common property in a leasehold strata schemePerson in whom is vested estate in fee simple or a leasehold estate (in case where part of building is included in part strata parcel) of part of building not included in part strata parcelAuthority having benefit of a positive covenant affecting building or site | 175 | | Orders relating to records of owners corporation | | To allow owners corporation to enter information on strata roll | Owners corporationOwnerPerson having or acquiring estate or interest in lot | 187 | | To require owners corporation, strata managing agent or office holder to supply records or documents for inspection | Person entitled to inspect records or documents | 188 | | Orders relating to defective building work | | To permit access to lot for inspection or building work | Owners corporationDeveloperBuilding inspectorPerson entitled to enterSecretary | 211 | | To specify contract price | Owners corporationDeveloperSecretary | 211 | | General orders for settlement of disputes | | To resolve dispute or complaint | Interested personOriginal ownerBuilding manager | 232 | | To resolve dispute between contiguous strata schemes | Owners corporation | 233 | | Orders relating to strata committee | | To remove person from strata committee | Interested person | 238 | | To remove person from office | Interested person | 238 | | To prohibit strata committee from determining a matter | Interested person | 238 |