Part 8 Dispute resolution

(1) This section applies to a dispute between 2 or more of the following:

(a) the owners corporation for a units plan;

(b) the executive committee;

(c) an owner or occupier of a unit in the units plan;

(d) the manager (if any) for the owners corporation;

(e) a service contractor for the owners corporation;

(f) an executive member.

(2) A party to the dispute may apply to the ACAT for an order in relation to another party if the application relates to the dispute.

(1) This section applies to the following disputes between the people mentioned in relation to the dispute:

(a) a dispute relating to keeping an animal or allowing an animal to be kept in a unit between—

(i) the owners corporation; and

(ii) an owner or occupier of a unit;

(b) a dispute relating to the return by a former manager of owners corporation property between—

(i) the owners corporation; and

(ii) the former manager.

(2) A party to the dispute may apply to the ACAT for an order in relation to the other party if the application relates to the dispute.

(3) To avoid doubt, only a party mentioned in this section in relation to a particular dispute may apply to the ACAT in relation to the dispute.

Example

Tony is in dispute with his neighbour, Fabian, about the pets Fabian keeps in his unit. The owners corporation is also in dispute with Fabian about the pets. Only the owners corporation can apply to the ACAT for an order against Fabian in relation to the dispute.

(4) In this section:

former manager means a person who was the manager for the owners corporation.

(1) A unit owner may apply to the ACAT for an order declaring that an alternative rule is invalid on the grounds that—

(a) the owners corporation does not have the power to make the rule; or

(b) the rule contravenes section 108 (3); or

(c) there was irregularity in the process for making the rule; or

(d) for an alternative rule about the method used to work out the proportion payable by the unit owner of the total general fund contribution under section 78 or the total sinking fund contribution under section 89—the rule is not fair; or

(e) for an alternative rule about the method used to work out the proportion payable by the unit owner of the total general fund contribution under section 78 or the total sinking fund contribution under section 89—the rule is no longer fair due to a change in circumstances related to the use of the unit or the common property.

Examples—change in circumstances of use

1 change in use of a unit from laundromat to office with the result that the unit now uses significantly less water

2 new restrictions on access to, or use of, common property such as restricting access to a swimming pool to specified unit owners only

(2) An application under subsection (1) (c) or (d) must be made within—

(a) 3 months after the day the special resolution making the alternative rule is passed by the owners corporation; or

(b) any longer period the ACAT considers reasonable in the circumstances, provided the period is not more than 12 months after the day the special resolution making the rule is passed by the owners corporation.

(1) An owners corporation may apply to the ACAT for an order declaring that a grantee has unreasonably withheld consent—

(a) to making a special privilege rule under section 112A; or

(b) to amending or revoking a special privilege rule under section 112B.

(2) A grantee may apply to the ACAT for an order declaring that the owners corporation—

(a) has unreasonably refused to make a special privilege rule under section 112A; or

(b) has imposed unreasonable maintenance obligations on the grantee under section 112A (3) (a); or

(c) has unreasonably refused to amend or revoke a special privilege rule under section 112B.

(3) In this section:

grantee includes a prospective grantee.

(1) The ACAT may make the following orders:

(a) an order requiring a party to do, or refrain from doing, a stated thing;

(b) an order requiring a party to exercise a function under this Act;

(c) an order requiring an owners corporation to do a stated thing that is ancillary to a function of the corporation under this Act;

(d) an order requiring a person to pay to the Territory or someone else an amount of not more than $1 000;

(e) a declaration—

(i) that a general meeting or executive committee meeting is void for irregularity; or

(ii) that a resolution of a general meeting or executive committee meeting is void for irregularity; or

(iii) that a rule of the owners corporation is invalid—

(A) because the owners corporation does not have the power to make the rule; or

(B) under section 108 (3); or

(C) for irregularity; or

(iv) for an application made under section 127 (1) (d)—that the rule is invalid on the ground that the method in the resolution used to work out the proportion of fund contributions to be paid by each unit owner is not fair;

(f) an order repealing or amending a resolution of a general meeting or executive committee based on a merits review of the resolution by the ACAT;

(g) an order giving effect to an unsuccessful motion for a resolution of a general meeting (either as originally proposed or as amended by the ACAT) if the ACAT is satisfied after a merits review of the motion that opposition to the motion was unreasonable;

(h) an order requiring stated accounts of an owners corporation to be audited, whether by a stated person or a person of a stated kind;

(i) an order allowing an applicant to examine records of the owners corporation;

(j) an order requiring an owners corporation to make or repeal a rule and register a copy of the resolution making or repealing the rule;

(k) an order appointing an administrator to exercise all or stated functions of the owners corporation, the executive committee or an office-holder in the committee;

(l) if the dispute relates to a unit owner or occupier keeping an animal, or allowing an animal to be kept, within the unit and the ACAT considers that the animal causes a nuisance to the owner or occupier of another unit, or unreasonably interferes with the use or enjoyment of another unit or of the common property—

(i) an order to remove the animal from the premises within a stated time; or

(ii) any other order the ACAT considers will end the nuisance or the unreasonable interference with use or enjoyment.

(2) The ACAT may make any other order it considers reasonably necessary or convenient to resolve a dispute under this part.

(3) A declaration by the ACAT under subsection (1) (e) (iii) or (iv) that a rule is invalid—

(a) has effect as if the rule were repealed by special resolution of the owners corporation on the day the declaration is made; and

(b) must be lodged by the owners corporation with the registrar-general for the registration of alternative rules under the Land Titles (Unit Titles) Act 1970, section 27A.

(4) In considering whether to make an order in relation to a special privilege in relation to common property, the ACAT must have regard to—

(a) the interests of all unit owners in the use and enjoyment of their unit and the common property; and

(b) the rights and reasonable expectations of a person deriving or anticipating a benefit under a special privilege in relation to the common property.

(5) This section does not limit the orders the ACAT may make in relation to a dispute under this part.