37Right to make application

37 Right to make application

(1)  An owner of a lot may apply to the Appeal Tribunal if the owner is of the opinion that –

(a) a person has contravened or failed to comply with a provision, of the Strata Titles Act 1998 or this Act, that applies in relation to a lot or the common property; or

(b) a person has contravened or failed to comply with a provision of the by-laws; or

(c) the body corporate has unreasonably failed to implement a proposal by an owner of a lot –

(i) for repairing damage to the common property or other property of the body corporate; or

(ii) for making an alteration to the common property; or

(d) an acquisition, or proposed acquisition, of personal property by the body corporate is unreasonable; or

(e) the amount for which the body corporate has taken out insurance is unreasonable; or

(f) the owner ought to be reimbursed for the cost of taking out or maintaining insurance following a breach by the body corporate of its obligation under the Strata Titles Act 1998 to take out and maintain insurance; or

(g) the body corporate has unreasonably refused to make or pursue an insurance claim in respect of property insured by the body corporate; or

(h) the body corporate, or an officer of the body corporate, has –

(i) wrongfully withheld information to which the owner of the lot is entitled; or

(ii) refused to make available for inspection records that the owner of a lot is entitled to inspect; or

(i) the rate of interest fixed by the body corporate for late payment of a contribution is unreasonable; or

(j) the provisions of the Strata Titles Act 1998 , as the application of that Act is modified by this Act, or the by-laws, have not been complied with in relation to the calling or conduct of a meeting of the members of the body corporate; or