47Order for variation of amount or manner of payment of contributions

47 Order for variation of amount or manner of payment of contributions

(1)  If, on an application on grounds referred to in section 37(1)(l) , the Appeal Tribunal is satisfied that the contributions to be levied by the body corporate under the Strata Titles Act 1998 , or the by-laws, are inadequate or excessive, the Appeal Tribunal may, by order –

(a) re-determine the contributions on a basis that the Appeal Tribunal considers reasonable; and

(b) give directions in relation to payment of any additional amount that becomes payable as a result of the order, or the refund of any amount overpaid.

(2)  If, on an application on grounds referred to in section 37(1)(l) , the Appeal Tribunal is satisfied that the manner of payment of contributions determined by the body corporate is unreasonable or incorrect, the Appeal Tribunal may, by order, re-determine the manner in which the contributions are to be paid.

(3)  If, on an application on grounds referred to in section 37(1)(m) , the Appeal Tribunal is satisfied that the allocation of body corporate expenses in accordance with a by-law of the kind referred to in section 32(1)(e) is unreasonable or incorrect, the Appeal Tribunal may, by order, allocate the expenses as it thinks fit.

(4)  The provisions of an order under subsection (2) or (3) prevail over inconsistent provisions of Division 5 of Part 6 of the Strata Titles Act 1998 , this Act or the by-laws.