106Resolution of disputes

106 Resolution of disputes (1) An application may be made under this section: (a) if a corporation, a mortgagee of a unit, a member or an occupier of a unit claims that a breach of this Act or of the by-laws or articles of the corporation has occurred; or (b) if a member claims to have been prejudiced, as occupier of a unit, by the wrongful act or default of: (i) the corporation or the committee, or a delegate of the corporation or committee; or (ii) another member; or (c) if a member claims that a decision of the corporation or the committee, or a delegate of the corporation or committee, is unreasonable, oppressive or unjust; or

Unit Titles Act 1975 80 (d) if a dispute arises: (i) between a corporation or the committee and a member; or (ii) between 2 or more members, in relation to any aspect of the occupation or use of a unit or the common property; or (e) if a member claims the corporation or the committee, or a delegate of the corporation or committee, has failed or unreasonably refused to perform a function imposed, or to exercise a power conferred, on the corporation or committee under this Act or the management module that applies to the corporation; or (f) in respect of a dispute or claim of a kind prescribed by regulation. (2) Subject to this section, the application must be made to the Tribunal and dealt with by the Tribunal within its original jurisdiction. (3) A member appointed by a corporation may represent the corporation in proceedings under this section. (4) For resolving the dispute, the Tribunal may make any orders the Tribunal considers appropriate. (4A) Without limiting subsection (4), the Tribunal may make one or more of the following orders: (a) an order for the payment of money; (b) an order that a corporation refund to a member money paid to the corporation by the member; (c) an order that a person take, or refrain from taking, any action; (d) an order to confirm, vary or reverse a decision of the corporation or committee; (e) an order altering the by-laws or articles of a corporation; (f) an order requiring a corporation or committee to perform a function imposed, or to exercise a power conferred, on the corporation or committee under this Act or the management module that applies to the corporation.

Unit Titles Act 1975 81 (4B) In addition to the orders referred to in subsections (4) and (4A), the Tribunal may make an order of a kind prescribed by regulation for resolving a dispute or claim referred to in subsection (1)(f). (5) The Tribunal shall not make an order to alter the by-laws or articles of a corporation unless: (a) the corporation is a party to the proceedings or the Tribunal is satisfied that the corporation has been given a reasonable opportunity to become a party to the proceedings; (b) if it appears to the Tribunal that the alteration could adversely affect a member who is not a party to the proceedings, the Tribunal is satisfied that the member has been notified of the possibility that such an order could be made and given a reasonable opportunity to make submissions to the Tribunal in relation to the matter; and (c) in any event, the Tribunal is satisfied that the order is essential to achieve a fair and equitable resolution of the matter in dispute. (6) Where the Tribunal makes an order altering the by-laws or articles of a corporation, the Tribunal shall forward a copy of the order to the Registrar-General. (10) This section does not limit or derogate from any civil remedy at law or in equity. (11) In this section: delegate, of a corporation or committee, means a delegate of the corporation or committee under the management module that applies to the corporation. member, in relation to a corporation, includes a person who is, by section 77, bound by the articles of the corporation.