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s 84

What is a dispute

In force
Chapter 3Administration of a scheme
Part 3.3Dispute resolution

84 What is a dispute

(1) There is a dispute relating to a scheme in any of the following circumstances:

(a) the body corporate, or a unit owner, unit occupier or mortgagee of a unit, claims there is, or has been, a contravention of this Act by a person in relation to the scheme;

(b) a unit owner claims to have been wrongfully treated by:

(i) the body corporate or committee, or a delegate of the body corporate or committee; or

(ii) another unit owner or a unit occupier;

(c) a unit owner claims a decision of the body corporate or committee, or a delegate of the body corporate or committee, is unreasonable, oppressive or unjust;

(ca) a unit owner claims the body corporate or committee, or a delegate of the body corporate or committee, has failed or unreasonably refused to perform a function imposed, or to exercise a power conferred, on the body corporate or committee under this Act or the management module of the scheme;

(cb) a dispute has arisen between a body corporate and the body corporate manager in relation to the administrative services provided by the manager in accordance with the manager's engagement;

(cc) a body corporate claims the body corporate manager has contravened the code of conduct that applies to the manager's engagement;

(d) a dispute relating to a unit or the common property has arisen:

(i) between a unit owner and the body corporate or committee; or

(ii) between

2 or more unit owners;

(e) other circumstances prescribed by regulation.

(2) However, a matter that would otherwise be a dispute under subsection (1) is not a dispute if it relates to a termination of a scheme under the

Termination of Units Plans and Unit Title

Schemes Act 2014.

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