40Orders in relation to failure to comply with a requirement

40 Orders in relation to failure to comply with a requirement

(1)  If, on an application made on grounds referred to in section 37(1)(a) or (b) , the Appeal Tribunal is satisfied that a person has contravened or failed to comply with a requirement of the Strata Titles Act 1998 , this Act or the by-laws, the Appeal Tribunal may make an order –

(a) requiring a person to pay any contributions properly levied by the body corporate or to take, or refrain from taking, any other specified action; or

(b) require a party to proceedings to pay monetary compensation (not exceeding $5 000) to another party to the proceedings.

(2)  An order –

(a) may require immediate compliance with the order or fix a period for compliance; and

(b) may be made subject to conditions specified in the order.

(3)  An order may be made on an interim basis if necessary –

(a) to preserve the subject matter of the application; or

(b) to prevent prejudice to a party –

while the application is investigated and determined.

(4)  If an order is made on an interim basis, it operates for a period, of not more than 3 months, fixed in the order and may be renewed from time to time for a further period of not more than 3 months.