Community Titles Act 2018

This Part provides for resolution by the Tribunal of the following disputes (scheme disputes) —

a dispute between scheme participants about —

the community development statement; or

the scheme documents, including the validity of scheme by‑laws; or

the performance of, or the failure to perform, a function conferred or imposed on a person by this Act or scheme by‑laws; or

an alleged contravention of this Act (other than an offence); or

a resolution or decision of a community corporation or the council of a community corporation, including its validity; or

the appointment or election of a member of the council or an officer of a community corporation, including its validity; or

any other matter arising under this Act or the scheme by‑laws;

a dispute between an applicant for the registration of a community titles scheme or amendment of a community titles scheme and a person whose consent to the application is required, or who may object to the application, relating to the consent or objection;

if the scheme by‑laws (other than exclusive use by‑laws) require the approval or consent of a person (other than the Planning Commission or a local government) to the amendment or repeal of certain scheme by‑laws, a dispute between that person and the community corporation about a refusal to give an approval or consent;

a dispute between an infrastructure owner and a community corporation about a matter connected with a common property infrastructure easement;

a dispute between an original subdivision owner and a community corporation about a matter arising under Part 6;

a dispute between an applicant under section 94 and the community corporation about a matter arising under Part 8 Division 1 Subdivision 6;

a dispute between a scheme manager, or former scheme manager, of a community corporation and the community corporation about —

a matter arising under Part 9; or

the scheme management contract; or

the performance of, or the failure to perform, a function conferred or imposed on the scheme manager;

a dispute between a buyer or prospective buyer of a lot in a community scheme and the seller of the lot about a matter arising under Part 10;

a dispute of a class specified in the regulations.

The following are scheme participants —

a community corporation in the community scheme;

a person who is appointed as an administrator of a community corporation in the community scheme;

a member of a community corporation in the community scheme;

the occupier of a lot in the community scheme;

the registered mortgagee of a lot in the community titles scheme;

a member of the council of a community corporation, or an officer of a community corporation, in the community scheme, who is not a member of the community corporation.

The following are not scheme disputes —

a dispute with the Planning Commission or some other planning authority or that can be the subject of a review under the Planning and Development Act 2005 Part 14;

a dispute with the Registrar of Titles;

a dispute with the Valuer‑General or a rating or taxing authority;

a dispute about a contract of mortgage insurance under section 73;

a contractual dispute, or a dispute about an estate or interest in land, between —

a scheme participant and a person who is not a scheme participant (other than a dispute arising out of a termination of a contract under section 102); or

the owner of a lot and a buyer, mortgagee or prospective buyer or mortgagee of the lot (other than a dispute of a kind referred to in subsection (1)(f) or (h));

a dispute about an amount owed as a debt;

a dispute of a kind declared by the regulations not to be a scheme dispute.

An application for resolution of a scheme dispute can be made to the Tribunal by a party to the dispute.

However, the occupier of a lot in a community titles scheme can only apply for resolution of a scheme dispute under subsection (1)(a) if the dispute is about —

the scheme by‑laws; or

a resolution or decision of the community corporation that directly affects the occupier; or

an obligation or right of the occupier under this Act or the scheme by‑laws.