Unit Title Schemes Act 2009

(1) For resolving the dispute, the Tribunal may make any orders the Tribunal considers appropriate.

(1A) Without limiting subsection (1), the Tribunal may make one or more of the following orders:

(a) an order for the payment of money;

(b) an order that a person take, or refrain from taking, specified action;

(c) an order to confirm, vary or reverse a decision of the body corporate or committee;

(d) an order that a change be made to a by-law;

(e) an order requiring the body corporate or committee 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.

(2) The

Tribunal must not order a change to be made to a by-law unless it is satisfied:

(a) the change is necessary for an equitable resolution of the dispute; and

(b) if the body corporate was not a party to the proceedings – it had a reasonable opportunity to be a party; and

(c) a unit owner who could be adversely affected by the change had a reasonable opportunity to make a submission to the Tribunal about the change.

(3) If the Tribunal orders that a change is to be made to a by-law, the body corporate must, within 20 working days of the order, lodge the amendment, or a consolidation of the by-law in accordance with the order.

Maximum penalty: 100 penalty units.

(4) An offence against subsection (3) is an offence of strict liability.

Part

3.4 Body corporate manager, service contractor, caretaking service contractor and letting agent