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s 12B

Persons who may make application for resolution of dispute

In force
Part 4Dispute resolution

12B Persons who may make application for resolution of dispute

(1)

An application by one or more of the following, for resolution of a dispute based on a claim that there has been a breach of this

Act, the Regulations, or By-laws made under this Act by one or more of the following, may be made to the Tribunal:

(a)

the Management Corporation;

(b)

an owner of a lot or unit;

(c)

a mortgagee of a lot or unit; or

(d)

a unit corporation.

(2)

An application for resolution of a dispute may be made to the

Tribunal, based on a claim by an owner of a lot or unit, or a unit corporation, that they have been prejudiced by the wrongful act or default of one of the following:

(a)

the Management Corporation;

(b)

a committee of the Management Corporation;

(c)

a person exercising powers under this Act.

(3)

An application for resolution of a dispute may be made to the

Tribunal based on a claim by an owner of a lot or unit, or a unit corporation, in relation to the lot, alleging a wrongful act or default of:

(a)

an owner of another lot; or

(b)

an owner of a unit on another lot; or

(c)

the unit corporation in relation to another lot.

(4)

An application for resolution of a dispute may be made to the

Tribunal if:

(a)

the application is made by an owner of a lot or unit, or a unit corporation; and

(b)

the applicant claims that a decision of the Management

Corporation, a committee of the Management Corporation or a person exercising powers under this Act is unreasonable, oppressive or unjust.

(5)

An application for resolution of a dispute may be made to the

Tribunal if the dispute:

(a)

is between:

(i)

an owner of a lot or unit or the unit corporation; and

(ii)

the Management Corporation or a committee of the Management

Corporation; and

(b)

relates to any aspect of the occupation or use of the lot or unit, or of the common property vested in the Management Corporation.

(6)

An application for resolution of a dispute may be made to the

Tribunal, if the dispute:

(a)

is between:

(i)

an owner of a lot or unit; and

(ii)

an owner of another lot or a unit on another lot, and

(b)

relates to any aspect of the occupation or use of the lot or unit or the common property vested in the Management Corporation.

(7)

An application may be made to the Tribunal if the dispute:

(a)

is between

(i)

the registered proprietor of Lot 5556 Town of Darwin; and

(ii)

a person mentioned in subsection (1); and

(b)

relates to a restrictive covenant imposed under section 14.

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