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Strata Schemes Management Act 2015

Part 12 Disputes and Tribunal powers

Current version for 26 August 2026 to date. Based on content from the New South Wales Legislation website at 24 September 2026. For the latest information on New South Wales Government legislation please go to https://www.legislation.nsw.gov.au.

© State of New South Wales (Parliamentary Counsel's Office). Licence. Amendment history notes removed; content restructured into parts, divisions and sections; internal cross-references re-linked. Text otherwise verbatim. Authoritative version: legislation.nsw.gov.au.

Introductory note.

This Part gives power to the Tribunal to make orders to settle disputes about certain matters relating to the operation and management of a strata scheme. It also contains general provisions about the powers of the Tribunal and some other order-making powers of the Tribunal.

Initially, an application for an order is processed by the registrar. The registrar must refuse to deal with a matter if satisfied that mediation was appropriate and was not attempted.

A person may either apply to the Secretary for mediation of a matter or make other arrangements for mediation. If mediation of a matter is unsuccessful or a matter is not appropriate for mediation, the registrar may accept the application for the order.

The following table describes the types of orders that may be made and who may apply for them.

To do what?	Who may apply?	Section
Orders relating to meetings and decisions of owners corporation
To require original owner to provide things to owners corporation	Owners corporation	17
To require meeting to be held	Owner Owners corporation Mortgagee	20
To invalidate resolution or election	Owner First mortgagee of lot	24
To nullify resolution of owners corporation on ground that person was denied vote or notice was not given	Person entitled to vote on resolution	25
To require meeting to be held if no officers or committee after first AGM	Owner Mortgagee Covenant chargee	48
Orders relating to covenants and other restrictions
To waive, vary or extinguish restriction relating to initial period or to authorise any matter to be done in relation to the waiving, varying or extinguishing of such a restriction	Owners corporation Original owner Owner	27
To comply with obligation imposed by positive covenant	Authority having benefit of positive covenant	234
To refrain from breaching restriction on use of utility lot	Owners corporation Lessor of leasehold strata scheme Owner Occupier of lot	235
To refrain from breaching restriction on use of utility lot within area of local council	Relevant local council	235
Orders relating to strata managing agents and building managers
To terminate strata managing agent or building manager agreement or make other order about an agreement	Owners corporation	72
To appoint strata managing agent	Person who obtained order under this Act that imposed duty on owners corporation or office holder that has not been complied with Person having estate or interest in lot or, in the case of leasehold strata scheme, lease of lot Authority having benefit of positive covenant that imposes duty on owners corporation Judgment creditor to whom owners corporation owes judgment debt	237
Orders relating to contributions and funds
To allocate payment of surplus money	Owners corporation Covenant chargee Owner Mortgagee	77
To alter amount of contributions	Owners corporation Lessor of leasehold strata scheme Owner Mortgagee in possession	82
To prevent owners corporation charging interest for late payment of contribution	Owner	85
To require original owner to compensate for inadequate estimates/contributions	Owners corporation Owner	89
Orders relating to property
To require occupier of lot to allow owners corporation to enter lot	Owners corporation	124
To get consent to existing or proposed alterations or repair of common property	Lessor of leasehold strata scheme Owner	126
To declare work to be cosmetic work or minor renovation	Owner	127
To direct owner to lodge documents under section 19 of Strata Schemes Development Act 2015	Owners corporation Lessor of leasehold strata scheme Owner	128
To require owner to comply with window safety device obligation	Owners corporation	129
To require owners corporation to carry out window safety device function	Interested person (other than owners corporation)	129
To require owners corporation to dispose of personal property	Owner	130
To prevent owners corporation acquiring personal property	Owner	130
To require owners corporation to acquire personal property	Owner	130
To use specified common property for specified purposes	Owner	131
To require owner or occupier to repair damage or compensate for damage	Owners corporation	132
To reallocate unit entitlements	Owners corporation Lessor of leasehold strata scheme Owner of lot (whether or not development lot) Local council Public authority or statutory body representing the Crown, that is empowered to impose a rate, tax or other charge by reference to a valuation of land	236
Orders relating to by-laws
To revoke amendment to by-laws, revive repealed by-law or repeal new by-law	Person entitled to vote on motion relating to by-law Lessor of leasehold strata scheme	148
To change by-law conferring exclusive rights or privileges over common property	Owners corporation Lessor of leasehold strata scheme Owner Interested person	149
To invalidate by-law	Person entitled to vote on motion relating to by-law Lessor of leasehold strata scheme	150
Order relating to keeping of animals
To require removal of animal wrongly kept on lot	Interested person	156
To allow person to keep animal on lot	Owner Occupier	157
To remove animal causing nuisance or hazard	Interested person	158
To terminate nuisance, hazard or unreasonable nuisance caused by animal	Interested person	158
Orders relating to insurance
To adjust proportion of insurance premium to be paid	Person liable to pay premium	162
To exempt from requirement to insure	Person required to insure	172
To require person to make or pursue insurance claim	Owner Lessor of a leasehold strata scheme Sublessee in a leasehold strata scheme Person in whom is vested estate in fee simple or a leasehold estate (in case where part of building is included in part strata parcel) of part of building not included in part strata parcel	174
To require insurance to be taken out	Owner Enrolled mortgagee or person having interest in lot Lessor of leasehold strata scheme Sublessee of common property in a leasehold strata scheme Person in whom is vested estate in fee simple or a leasehold estate (in case where part of building is included in part strata parcel) of part of building not included in part strata parcel Authority having benefit of a positive covenant affecting building or site	175
Orders relating to records of owners corporation
To allow owners corporation to enter information on strata roll	Owners corporation Owner Person having or acquiring estate or interest in lot	187
To require owners corporation, strata managing agent or office holder to supply records or documents for inspection	Person entitled to inspect records or documents	188
Orders relating to defective building work
To permit access to lot for inspection or building work	Owners corporation Developer Building inspector Person entitled to enter Secretary	211
To specify contract price	Owners corporation Developer Secretary	211
General orders for settlement of disputes
To resolve dispute or complaint	Interested person Original owner Building manager	232
To resolve dispute between contiguous strata schemes	Owners corporation	233
Orders relating to strata committee
To remove person from strata committee	Interested person	238
To remove person from office	Interested person	238
To prohibit strata committee from determining a matter	Interested person	238

Division 1 Internal dispute resolution

216Internal dispute resolution procedures for strata schemes#

(1) An owners corporation for a strata scheme may establish, by any means it thinks fit, a voluntary process for resolving disputes between any one or more owners of lots in the scheme, other interested persons, the owners corporation, the strata committee, the strata managing agent and the building manager.

(2) The fact that a person has or has not participated in any such process, or the fact that a person has done or omitted to do anything in the course of or as a result of any such process, is not to be considered for the purposes of any mediation or other proceedings under this Act and does not prevent mediation occurring, or proceedings being taken, in any such case.

Division 2 Alternative dispute resolution by Secretary

217Definitions#

In this Part—

mediation means a structured negotiation process in which the mediator, as a neutral and independent party, assists the parties to a dispute to achieve their own resolution of the dispute.

mediation session means a meeting arranged for the mediation of a matter under this Part and, for the purposes of the provisions of this Division relating to privilege, disclosure and admissibility, includes steps taken in the course of arranging or following-up a session.

mediator means the Secretary or any person approved by the Secretary in writing to be a mediator for the purposes of this Division.

218Matters that may be subject to mediation#

(1) A person may apply to the Secretary for mediation of any matter for which an order may be sought from the Tribunal under this Act.

(2) On receipt of an application for mediation, the Secretary must, if the Secretary thinks the circumstances of the case are appropriate, arrange for mediation in accordance with the regulations.

(3) The Secretary may dismiss an application for mediation if the Secretary believes that the application is frivolous, vexatious, misconceived or lacking in substance.

219Mediation involving disputes about part strata parcels#

The Secretary may arrange mediation under section 218 of a dispute or complaint relating to the management of a building or its site where part of the building is a part strata parcel only—

(a) if any applicable strata management statement provides for the mediation, or determination by the Tribunal, of disputes, or

(b) with the consent of all parties to the dispute,

220Representation of parties#

A party to a dispute is not entitled to be represented by another person at a mediation session under this Division unless all the other parties consent to the representation.

221Effect of Division on other agreements or arrangements#

This Division does not affect the enforceability of any other agreement or arrangement that may be made, whether or not arising out of a mediation session, in relation to the matters the subject of a mediation session.

222Privilege#

(1) The same privilege with respect to defamation as exists with respect to judicial proceedings and a document produced in judicial proceedings exists with respect to—

(a) a mediation session, and

(b) a document or other material sent to, or produced at an office of, the Secretary for the purpose of enabling a mediation session to be arranged.

(2) The privilege conferred only extends to a publication made—

(a) at a mediation session, or

(b) as provided by subsection (1) (b), or

223Evidence of mediation sessions not admissible#

(1) Evidence of anything said or of any admission made in a mediation session is not admissible in any proceedings before any court, tribunal or body.

(2) A document prepared for the purposes of, or in the course of, or as a result of, a mediation session, or any copy of any such document, is not admissible in evidence in any proceedings before any court, tribunal or body.

(3) This section does not apply to any evidence or document—

(a) if the persons in attendance at, or identified during, the mediation session and, in the case of a document, all persons identified in the document, consent to the admission of the evidence or document, or

(b) in proceedings instituted with respect to any act or omission in connection with which a disclosure has been made under this Division on the ground specified in section 224 (c).

224Confidentiality#

A mediator may disclose information obtained in connection with the administration or execution of this Division only in one or more of the following circumstances—

(a) with the consent of the person from whom the information was obtained,

(b) in connection with the administration or execution of this Division,

(c) if there are reasonable grounds to believe that the disclosure is necessary to prevent or minimise the danger of injury to any person or damage to any property,

(d) if the disclosure is reasonably required for the purpose of referring any party or parties to a mediation session to any person, agency, organisation or other body and the disclosure is made with the consent of the parties to the mediation session for the purpose of aiding in the resolution of a dispute between those parties or assisting the parties in any other manner,

(e) in accordance with a requirement imposed by or under a law of the State (other than a requirement imposed by a subpoena or other compulsory process) or the Commonwealth.

225Exoneration from liability for mediators#

No matter or thing done or omitted to be done by a mediator subjects the mediator to any action, liability, claim or demand if the matter or thing was done or omitted to be done in good faith for the purposes of a mediation session under this Division.

Division 3 Procedures for applications to Tribunal

226Interested persons#

(1) The following persons are interested persons for the purpose of making an application to the Tribunal under this Act—

(a) the owners corporation,

(b) an officer of the owners corporation,

(d) an owner of a lot in the scheme, a person having an estate or interest in a lot or an occupier of a lot,

(e) if the strata scheme is a leasehold strata scheme, the lessor of the scheme.

(2) The interested persons for the purpose of making an application to the Tribunal under this Act relating to a strata scheme for a part strata parcel also include the following—

(a) the owners corporation or a strata managing agent for, an owner of a lot in, a person having any other estate or interest in a lot in, or an occupier of a lot in, any other scheme affecting the building,

(b) any other person for the time being bound by any strata management statement for the building.

227Certain applications cannot be accepted without prior mediation#

(1) A registrar must not accept an application made to the Tribunal under this Act unless—

(a) mediation by the Secretary under Division 2 or otherwise has been attempted but was not successful, or

(b) a party refused to participate in the mediation, or

(2) The registrar must inform an applicant that the applicant should arrange for mediation if the registrar rejects an application under this section.

(3) The applicant may arrange for mediation under Division 2 or otherwise.

(4) This section does not apply to applications for the following orders—

(a) an order to appoint, or requiring the appointment of, a strata managing agent,

(b) an order varying or revoking an order that varies or revokes another order by the Tribunal,

(d) an order allocating unit entitlements,

(e) an order with respect to access to a lot by the owners corporation to inspect or repair common property,

(e1) an order under section 211AG(1) in relation to access to a lot,

(f) an order seeking provision of records to an owners corporation by a former strata managing agent for the strata scheme,

(g) an order with respect to the inspection of records of an owners corporation,

(h) an order imposing a monetary penalty and any associated order as to the payment of costs.

228Notice of applications to Tribunal#

(1) The registrar must give the named parties to the application, and the owners corporation, a copy of an application for an order (other than an order imposing a monetary penalty).

(2) On receipt of an application, an owners corporation given notice of an application for an order must—

(a) immediately cause a copy of the application to be prominently displayed on any notice board required to be maintained by or under the by-laws on some part of the common property, and

(b) so display the copy for the period specified in the notice for the making of submissions, and

(c) immediately serve a copy of the application on each owner of a lot in the strata scheme except an owner who is a named party to the application.

Division 4 Orders that may be made by Tribunal

229General order-making power of Tribunal#

The Tribunal may, in any proceedings before it under this Act, make any one or more of the following orders or other decisions—

(a) an order or decision that provides for any ancillary or consequential matter the Tribunal thinks appropriate,

(b) an interlocutory decision within the meaning of the Civil and Administrative Tribunal Act 2013.

230Agreements and arrangements arising from mediation sessions#

(1) The Tribunal may make orders to give effect to any agreement or arrangement arising out of a mediation session.

(2) An order may be made whether or not the mediation was carried out in accordance with this Part or by a mediator within the meaning of this Part.

(3) Without limiting subsection (1), the Tribunal may make an order that gives effect to the terms of a written agreement signed during a mediation session by persons who were parties to the mediation.

(4) A mediator may request the registrar to refer a matter to the Tribunal for the making of an order under this section, but only with the consent of the parties to the mediation.

(5) This Part does not affect the enforceability of any other agreement or arrangement that may be made, whether or not arising out of a mediation session, in relation to the matters the subject of a mediation session.

231Interim orders#

(1) If an applicant for an order by the Tribunal under this Act requests the making of an interim order and the Tribunal is satisfied on reasonable grounds that urgent considerations justify the making of the order, the Tribunal may—

(a) make an interim order in the form of any order that could otherwise be made by the Tribunal, and

(b) renew the interim order by giving notice that the order is renewed if a request for its renewal is made not later than 3 months after the order was made.

(2) The Tribunal may revoke an interim order, or a renewal of an order.

(3) The Tribunal must give notice that the order has been revoked.

(4) A person must not in, or in connection with, a request for an interim order or for the renewal of an interim order make a statement that the person knows is false or misleading in a material respect.

Maximum penalty—5 penalty units.

(5) An interim order may be made or renewed even if—

(a) since receipt of the application, any procedure under this Act has not been followed or a function of the Tribunal has not been exercised in relation to the application, or

(b) the time, or extended time, for making written submissions on the application has not expired, or

(6) An interim order continues in force until—

(a) the end of the period of 3 months that commenced with the making of the order or any earlier date specified in the order, or

(b) if application is duly made for its renewal—until the renewal is granted or refused, or

(c) if it is renewed—the end of the period of 6 months that commenced with the making of the order or any earlier date specified in the order.

(7) Subsection (6) does not apply if the order is revoked by the Tribunal or the application is determined in accordance with another provision of this Act.

232Orders to settle disputes or rectify complaints#

(1) Orders relating to complaints and disputes The Tribunal may, on application by an interested person, original owner or building manager, make an order to settle a complaint or dispute about any of the following—

(a) the operation, administration or management of a strata scheme under this Act,

(b) an agreement authorised or required to be entered into under this Act,

(d) an agreement between the owners corporation and an owner, mortgagee or covenant chargee of a lot in a strata scheme that relates to the scheme or a matter arising under the scheme,

(e) an exercise of, or failure to exercise, a function conferred or imposed by or under this Act or the by-laws of a strata scheme,

(f) an exercise of, or failure to exercise, a function conferred or imposed on an owners corporation under any other Act.

(2) Failure to exercise a function For the purposes of this section, an owners corporation, strata committee or building management committee is taken not to have exercised a function if—

(a) it decides not to exercise the function, or

(b) application is made to it to exercise the function and it fails for 2 months after the making of the application to exercise the function in accordance with the application or to inform the applicant that it has decided not to exercise the function in accordance with the application.

(3) Other proceedings and remedies A person is not entitled—

(a) to commence other proceedings in connection with the settlement of a dispute or complaint the subject of a current application by the person for an order under this section, or

(b) to make an application for an order under this section if the person has commenced, and not discontinued, proceedings in connection with the settlement of a dispute or complaint the subject of the application.

(4) Disputes involving management of part strata parcels The Tribunal must not make an order relating to a dispute involving the management of a strata scheme for a part strata parcel or the management of the building concerned or its site if—

(a) any applicable strata management statement prohibits the determination of disputes by the Tribunal under this Act, or

(b) any of the parties to the dispute fail to consent to its determination by the Tribunal.

(5) The Tribunal must not make an order relating to a dispute involving a matter to which a strata management statement applies that is inconsistent with the strata management statement.

(6) Disputes relating to consent to development applications The Tribunal must consider the interests of all the owners of lots in a strata scheme in the use and enjoyment of their lots and the common property in determining whether to make an order relating to a dispute concerning the failure of an owners corporation for a strata scheme to consent to the making of a development application under the Environmental Planning and Assessment Act 1979 relating to common property of the scheme.

(7) Excluded complaints and disputes This section does not apply to a complaint or dispute relating to an agreement that is not an agreement entered into under this Act, or the exercise of, or failure to exercise, a function conferred or imposed by or under any other Act, if another Act confers jurisdiction on another court or tribunal with respect to the subject-matter of the complaint or dispute and the Tribunal has no jurisdiction under a law (other than this Act) with respect to that subject-matter.

233Order for settlement of dispute between strata schemes#

(1) The Tribunal may, on application by an owners corporation for a strata scheme, make an order to settle a dispute between that strata scheme and another strata scheme if—

(a) the strata schemes are contiguous or the dispute relates to a lease of land, or other arrangement relating to property, of one of the schemes, and

(b) the matter in dispute is not regulated by or under any other Act.

(2) In this section, a strata scheme is contiguous with another strata scheme even if it is divided by, or separated from the other scheme by, a natural feature (such as a watercourse), a railway, a road, a public reserve or a drainage reserve.

234Order enforcing positive covenant#

(1) The Tribunal may, on application by an authority having the benefit of a positive covenant, order an owners corporation for or owner of a lot in a strata scheme to comply with an obligation imposed by the covenant and relating to the maintenance, use, repair or insurance of a building or lot in the scheme, if the Tribunal considers that the owners corporation or owner has failed to comply with the obligation.

(2) If the authority has been refused an injunction under section 88H of the Conveyancing Act 1919, the Tribunal must not make an order to the same effect as the injunction refused.

235Orders enforcing restrictions on uses of utility lots#

(1) The Tribunal may, on application by an owners corporation, the lessor under a leasehold strata scheme or an owner or occupier of a lot in a strata scheme, order the owner of a utility lot and any other person who received notice of the application to refrain from committing a breach of a restriction imposed under section 63 of the Strata Schemes Development Act 2015 on the use of the utility lot.

(2) The Tribunal may, on application by the local council, order the owner of a utility lot and any other person who received notice of the application to refrain from committing a breach of a restriction imposed under section 63 of the Strata Schemes Development Act 2015 on the use of the utility lot.

236Order for reallocation of unit entitlements#

(1) Tribunal may make order allocating unit entitlements The Tribunal may, on application, make an order allocating unit entitlements among the lots that are subject to a strata scheme in the manner specified in the order if the Tribunal considers that the allocation of unit entitlements among the lots—

(a) was unreasonable when the strata plan was registered or when a strata plan of subdivision was registered, or

(b) was unreasonable when a revised schedule of unit entitlement was lodged at the conclusion of a development scheme, or

(c) became unreasonable because of a change in the permitted land use, being a change (for example, because of a rezoning) in the ways in which the whole or any part of the parcel could lawfully be used, whether with or without planning approval.

(2) Matters to be taken into consideration In making a determination under this section, the Tribunal is to have regard to the respective values of the lots and to such other matters as the Tribunal considers relevant.

(3) Persons who may apply for order An application for an order under this section may be made by any of the following—

(a) an owner of a lot (whether or not a development lot) within the parcel for the strata scheme,

(b) the owners corporation,

(d) the local council, or by any other public authority or statutory body representing the Crown, being an authority or body that is empowered to impose a rate, tax or other charge by reference to a valuation of land.

(4) Application to be accompanied by valuation An application for an order must be accompanied by a certificate specifying the valuation, at the relevant time of registration or immediately after the change in the permitted land use, of each of the lots to which the application relates.

(5) Qualifications of person making valuation The certificate must have been given by a person who is a qualified valuer within the meaning of the Strata Schemes Development Act 2015.

(6) Ancillary orders that may be made if original valuation unsatisfactory The Tribunal may, if it makes an order allocating unit entitlements that were not allocated in accordance with a valuation of a qualified valuer and, in the opinion of the Tribunal, were allocated unreasonably by an original owner, also order—

(a) the payment by the original owner to the applicant for the order of the costs incurred by the applicant, including fees and expenses reasonably incurred in obtaining the valuation and the giving of evidence by a qualified valuer, and

(b) the payment by the original owner to any or all of the following people of the amounts (if any) assessed by the Tribunal to represent any overpayments (due to the unreasonable allocation) for which liability arose not earlier than 6 years before the date of the order—

(i) the lessor, in the case of a leasehold strata scheme,

(ii) the owners corporation,

(iii) the owners of lots.

(7) Lodgment of order The owners corporation must ensure that a copy of an order made by the Tribunal under this section is lodged with the Registrar-General no more than 6 months after the order is made. Nothing in this section prevents a person who is entitled to apply for an order under this section from lodging a copy of an order made under this section.

Note.

Section 246 contains provisions with respect to the recording of an order made under this section.

237Orders for appointment of strata managing agent#

(1) Order appointing or requiring the appointment of strata managing agent to exercise functions of owners corporation The Tribunal may, on its own motion or on application, make an order appointing a person as a strata managing agent or requiring an owners corporation to appoint a person as a strata managing agent—

(a) to exercise all the functions of an owners corporation, or

(b) to exercise specified functions of an owners corporation, or

(2) Order may confer other functions on strata managing agent The Tribunal may also, when making an order under this section, order that the strata managing agent is to have and may exercise—

(a) all the functions of the chairperson, secretary, treasurer or strata committee of the owners corporation, or

(b) specified functions of the chairperson, secretary, treasurer or strata committee of the owners corporation, or

(c) all the functions of the chairperson, secretary, treasurer or strata committee of the owners corporation other than specified functions.

(3) Circumstances in which order may be made The Tribunal may make an order only if satisfied that—

(a) the management of a strata scheme the subject of an application for an order under this Act or an appeal to the Tribunal is not functioning or is not functioning satisfactorily, or

(b) an owners corporation has failed to comply with a requirement imposed on the owners corporation by an order made under this Act, or

(d) an owners corporation owes a judgment debt.

(4) Qualifications of person appointed A person appointed as a strata managing agent as a consequence of an order made by the Tribunal must—

(a) hold a strata managing agent’s licence issued under the Property and Stock Agents Act 2002, and

(b) have consented in writing to the appointment, which consent, in the case of a strata managing agent that is a corporation, may be given by the secretary or another officer of the corporation or another person authorised by the corporation to do so.

(5) Terms and conditions of appointment A strata managing agent may be appointed as a consequence of an order under this section on the terms and conditions (including terms and conditions relating to remuneration by the owners corporation and the duration of appointment) specified in the order making or directing the appointment.

(6) Return of documents and other records A strata managing agent appointed as a consequence of an order under this section must cause a general meeting of the owners corporation to be held not later than 14 days before the end of the agent’s appointment and must on or before that meeting make arrangements to return to the owners corporation all documents and other records of the owners corporation held by the agent.

(7) Revocation of certain appointments An order may be revoked or varied on application and, unless sooner revoked, ceases to have effect at the expiration of the period after its making (not exceeding 2 years) that is specified in the order.

(8) Persons who may make an application The following persons may make an application under this section—

(a) a person who obtained an order under this Act that imposed a duty on the owners corporation or on the strata committee or an officer of the owners corporation and that has not been complied with,

(b) a person having an estate or interest in a lot in the strata scheme concerned or, in the case of a leasehold strata scheme, in a lease of a lot in the scheme,

(d) a judgment creditor to whom the owners corporation owes a judgment debt,

(e) the Secretary.

238Orders relating to strata committee and officers#

(1) The Tribunal may, on its own motion or on application by an interested person, make any of the following orders—

(a) an order removing a person from a strata committee,

(b) an order prohibiting a strata committee from determining a specified matter and requiring the matter to be determined by resolution of the owners corporation,

(2) Without limiting the grounds on which the Tribunal may order the removal from office of a person, the Tribunal may remove a person if it is satisfied that the person has—

(a) failed to comply with this Act or the regulations or the by-laws of the strata scheme, or

(b) failed to exercise due care and diligence, or engaged in serious misconduct, while holding the office.

Division 5 General provisions relating to Tribunal powers and orders

239Orders relating to title to land#

(1) The Tribunal may determine a question of title to land only for the purpose of deciding a matter under this Act.

(2) Any determination under this section does not have any force or effect except as provided by this Act.

240Tribunal may make order of another kind#

The Tribunal may deal with an application for an order under a specified provision of this Act by making an order under a different provision of this Act if it considers it appropriate to do so.

241Tribunal may prohibit or direct taking of specific actions#

The Tribunal may order any person the subject of an application for an order to do or refrain from doing a specified act in relation to a strata scheme.

242Dismissal of application on certain grounds#

The Tribunal may dismiss an application for an order if—

(a) the ground for the application is the absence of a quorum at a meeting or a defect, irregularity or deficiency of notice or time, and

(b) the Tribunal believes no substantial injustice has resulted.

243Copies of orders#

(1) The Tribunal is to cause a copy of an order under this Act to be given to the owners corporation for the strata scheme to which the order relates (whether or not the owners corporation is a party to the proceedings).

(2) The owners corporation must—

(a) display the copy of the order in a prominent position on the notice board of the owners corporation within 3 days after receiving it, and for 14 days after that, or

(b) if the owners corporation does not have a notice board, cause a further copy of the order to be given to each person whose name appears on the strata roll.

244Tribunal to be provided with strata report and inspections#

(1) An owners corporation must, if required to do so by the Tribunal for the purposes of its functions under this Act, provide to the Tribunal—

(a) information under Division 2 of Part 10, or

(b) an opportunity to inspect items under that Division.

Maximum penalty—5 penalty units.

(2) The Tribunal is not liable to pay a fee for any information provided or inspection under this section.

245Effect of certain orders imposing obligations on owners corporation#

(1) The terms of the following orders, to the extent to which they impose a requirement on an owners corporation, are taken to have effect as a resolution of the owners corporation to do what is needed to comply with the requirement—

(a) an order relating to a resolution under section 25 (except subsection (4)),

(b) an order relating to interest or contributions under section 85 or 87,

(d) an order relating to insurance under section 174 or 175,

(e) an order under section 232 in which the Tribunal declares that the order is to have effect as a decision of the owners corporation.

(2) The owners corporation must cause the terms of any such order to be recorded in its minute book when it is given a copy of the order by the registrar.

(3) If any such order specifies a period (a limitation period) during which a resolution of an owners corporation purporting to alter the effect of the order would be inoperative, a resolution passed by the owners corporation during that period has no force or effect unless—

(a) it is a unanimous resolution, or

(b) it is passed on a motion submitted to a general meeting after being authorised, by order, by the Tribunal.

(4) A resolution that is so authorised and passed may amend or revoke an order before the end of a limitation period.

(5) An application to the Tribunal for an order authorising a motion for submission to a general meeting may be made by any person who, at the time of the application, could have applied for the order to which the proposed motion relates.

246Recording in Register of effect of certain orders#

(1) The Registrar-General is to make any recordings in the Register with respect to an order under this Act that appear to the Registrar-General to be necessary or proper to give effect to the order if—

(a) a copy of the order, certified by the Tribunal as a true copy, has been lodged in the office of the Registrar-General, and

(b) (Repealed)

(2) (Repealed)

247Changes to Register after orders allocating unit entitlements#

(1) This section applies if—

(a) a copy of an order allocating unit entitlements among lots in a strata plan is lodged with the Registrar-General in accordance with this Act, or

(b) a copy of an order made by a superior court with respect to any such order is lodged with the Registrar-General and is certified by the appropriate officer of that court to be a true copy.

(2) The Registrar-General must amend the schedule of unit entitlement recorded in the folio of the Register comprising the common property to which the order relates, to the extent necessary to give effect to the order.

247ACivil penalties for contravention of orders#

(1) The Tribunal may, by order, require a person to pay a pecuniary penalty of an amount of up to 50 penalty units for contravention of an order under this Act ( the original order).

(2) An application for the order may be made—

(a) by the applicant for the original order, or

(b) by the owners corporation, owner or other person having or acquiring an estate or interest in a lot in the strata scheme to which the order relates, or

(c) in the case of an order that gives effect to any agreement or arrangement arising out of a mediation session, by either party to the mediation.

(3) A person is not liable to be punished twice if the person’s act or omission constitutes both a contravention for the purposes of this section and—

(a) a contravention for the purposes of a civil penalty provision of the Civil and Administrative Tribunal Act 2013, or

(b) a contempt of the Tribunal.

248Recovery of unpaid civil penalty#

Any civil penalty imposed by the Tribunal as a result of a contravention of an order under this Act that is to be paid by an owner of a lot to the owners corporation may be recovered under this Act as if it were an amount of unpaid contributions.

Note.

Section 72(3) of the Civil and Administrative Tribunal Act 2013 and section 247A of this Act provide for a civil penalty for a contravention of an order of the Tribunal.

Note.

Section 86 of this Act provides for the recovery of unpaid contributions.

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