34DApplications relating to plans

34D Applications relating to plans (1) A member of the owners corporation, an owners corporation, an administrator of an owners corporation or a person with an interest in the land affected by the owners corporation may apply to the Victorian Civil and Administrative Tribunal for— S. 34D(1)(a) amended by No. 4/2021 s. 91(1). (a) an order requiring or authorising the owners corporation to do any of the things set out in section 32 or 33; or (b) an order consenting on behalf of a member or group of members of an owners corporation to the doing by the owners corporation of any of the things set out in section 32 or 33; or (c) an order consenting on behalf of a person whose consent to the registration of a plan is required under section 22; or (d) an order restraining the owners corporation from doing any action under this Act or the regulations. (2) The Victorian Civil and Administrative Tribunal may make an order on an application under subsection (1)(a) even though there is no unanimous resolution of the owners corporation authorising the action. (3) The Victorian Civil and Administrative Tribunal must not make an order on an application under subsection (1)(b) unless it is satisfied that— (a) the member or group of members cannot vote because the member is or the members are dead, out of Victoria, or cannot be found; or (b) for any other reason it is impracticable to obtain the vote of the member or members; or S. 34D(3)(c) substituted by No. 4/2021 s. 91(2). (c) the member has or the group of members have refused consent to the proposed action and— (i) the member owns or the group of members own more than half of the total lot entitlement; and (ii) all other members of the owners corporation consent to the proposed action; and (iii) the purpose for which the action is to be taken is likely to bring economic or social benefits to the subdivision as a whole greater than any economic or social disadvantages to the member or the group of members who did not consent to the action. (4) For the purposes of sections 32 and 33, an order made on an application under subsection (1)(b) is to be treated as a vote by the member in favour of the proposed action of the plan. (5) The Victorian Civil and Administrative Tribunal must not make an order on an application under subsection (1)(c) unless it is satisfied that— (a) the person whose consent is required is dead or out of Victoria or cannot be found; or (b) it is otherwise impracticable to obtain the person's consent; or (c) it is impracticable to serve the person with the notice under section 22(1B). (6) Subject to this section, the Victorian Civil and Administrative Tribunal may make any order it thinks fit on an application under this section. S. 34E inserted by No. 69/2006 s. 211.