Community Titles Act 2018

In a proceeding under this Act, the Tribunal may make any order it considers appropriate to resolve the dispute or proceeding.

Without limitation, the orders that can be made by the Tribunal on an application under this Act include the following —

an order requiring a scheme document to be amended in a specified manner;

an order requiring a structural element by reference to which a lot in a community titles (building) scheme is defined to be reinstated following its damage, destruction or removal;

an order determining the form and location of utility conduits to provide specified utility services subject to a utility service easement;

an order requiring an original subdivision owner to pay a specified amount to a community corporation, being the whole or a part of the remuneration or the value of a benefit that the original subdivision owner failed to disclose as required under section 67;

an order determining action that must be taken or refrained from being taken by a member of a community corporation under section 84;

an order authorising a specified person to convene and preside at a general meeting of a community corporation —

as the first annual general meeting; or

to appoint or elect members of the council or officers of the community corporation; or

for some other specified purpose;

an order authorising a specified person to convene and preside at a meeting of the council of a community corporation —

to appoint or elect officers of the community corporation; or

for some other specified purpose;

an order removing a specified person from office as a member of the council of a community corporation or as an officer of a community corporation;

an order appointing a specified person as a member of the council of a community corporation or as an officer of a community corporation to replace a person removed from office;

an order varying or terminating a scheme management contract;

an order requiring a scheme manager to pay a specified amount to a community corporation, being the whole or a part of the remuneration or the value of a benefit that the scheme manager failed to disclose as required under section 119(2)(b) or section 121;

an order requiring a community corporation to take specified action or to refrain from taking specified action in the performance or exercise of its functions, including the following —

an order to sell or acquire real or personal property;

an order to enter into, vary or terminate a contract, including a contract for services or amenities to the community corporation or the members of the community corporation;

an order that a particular insurance claim be pursued;

an order that the amount of insurance cover be varied;

an order to allow the keeping of an animal on specified conditions or prohibit the keeping of an animal on a lot or common property;

an order requiring a person to take specified action or to refrain from taking specified action to remedy a contravention or prevent further contraventions of this Act, the scheme by‑laws or a scheme management contract;

an order that the community corporation is to be taken to have passed or not to have passed a specified resolution required under this Act or the scheme by‑laws as an ordinary resolution or special resolution;

an order requiring a party to the proceedings before it to pay money to —

a person specified in the order by way of compensation for any pecuniary loss or damage suffered; or

another party to a contract for the purpose of adjusting the position or rights of the parties consequentially on the termination or variation of the contract under the order;

if a declaration is made that a contract for the sale and purchase of a lot was validly avoided under this Act, an order requiring a person who is holding a deposit or other moneys in trust to pay the deposit or other moneys to the former buyer;

an order appointing an administrator of a community corporation (being a person who has given written consent to the appointment) to perform some or all scheme functions.

If the Tribunal makes an order requiring the payment of money by a scheme manager or original subdivision owner, it may, on the application of a party to the proceeding or on its own initiative, by order, prohibit the scheme manager or original subdivision owner from seeking or enforcing an indemnity from the community corporation or any other party for the required payment.

An order may specify that it is to be taken to have come into effect on a date earlier than the date of the order.

An order may be made to take effect on default being made in complying with some other order made by it.

An order requiring amendment of a scheme document —

must specify the extent to which the amendment is subject to the obtaining of the approvals and consents that would otherwise be required under this Act; and

does not take effect until the Registrar of Titles registers the amendment of the scheme document.

An order may be expressed to remain in force for a specified period, until a specified event or until further order.