Variation of survey-strata scheme on taking
168 Variation of survey-strata scheme on taking
An application for an order under this section for a survey‑strata scheme can be made by any of the following —
the strata company;
the owner of a lot in the scheme;
a registered mortgagee of a lot in the scheme;
for a leasehold scheme, the owner of the leasehold scheme.
If part of a parcel subdivided by a survey‑strata scheme is taken, the Tribunal may make an order for or with respect to the variation of the existing scheme or the substitution for the existing scheme of a new scheme.
Without limiting subsection (1), an order made under that subsection may include directions for any 1 or more of the following matters —
the substitution for the existing schedule of unit entitlements of a new schedule of unit entitlements; and
the payment of money to or by the strata company or the owner of a lot or, in the case of a leasehold scheme, the owner of the leasehold scheme; and
the amendment of the survey‑strata plan, in such manner as the Tribunal thinks fit, so as to include any addition to the common property; and
any matter in respect of which it is, in the opinion of the Tribunal, just and equitable in the circumstances of the case to make provision in the order; and
the imposition of such terms and conditions as the Tribunal thinks fit.
The Tribunal may amend an order made under this section.
[(4)-(5) deleted]
[Section 168, formerly section 29A, inserted: No. 58 of 1995 s. 32; amended: No. 74 of 2003 s. 112(6); amended, renumbered as section 168 and relocated: No. 30 of 2018 s. 33 and 84.]
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