New South Wales Consolidated Acts

COMMUNITY LAND MANAGEMENT ACT 2021 - SECT 193

193 Orders to settle disputes or rectify complaints

(1) Orders relating to complaints and disputes The Tribunal may, on application by an interested person, make an order to settle a complaint or dispute about any of the following--

(a) the operation, administration or management of a scheme under this Act,

(b) an agreement authorised or required to be entered into under this Act,

(c) an agreement appointing a managing agent or a facilities manager,

(d) an agreement between the association or strata corporation and an owner, mortgagee or covenant chargee of a lot in a scheme that relates to the scheme or a matter arising under the scheme,

(e) an exercise of, or failure to exercise, a function conferred or imposed by or under this Act or the by-laws of a scheme,

(f) an exercise of, or failure to exercise, a function conferred or imposed on an association or strata corporation under another Act.

(2) Failure to exercise a function For the purposes of this section, an association, strata corporation or association committee is taken not to have exercised a function if--

(a) it decides not to exercise the function, or

(b) application is made to it to exercise the function and it fails for 2 months after the making of the application to exercise the function in accordance with the application or to inform the applicant that it has decided not to exercise the function in accordance with the application.

(3) Other proceedings and remedies A person is not entitled--

(a) to commence other proceedings in connection with the settlement of a dispute or complaint the subject of a current application by the person for an order under this section, or

(b) to make an application for an order under this section if the person has commenced, and not discontinued, proceedings in connection with the settlement of a dispute or complaint the subject of the application.

(4) Disputes relating to consent to development applications The Tribunal must consider the interests of all the owners of lots in a scheme in the use and enjoyment of their lots and the association property or common property in determining whether to make an order relating to a dispute concerning the failure of an association or strata corporation to consent to the making of a development application under the Environmental Planning and Assessment Act 1979 relating to association property or common property.

(5) Excluded complaints and disputes This section does not apply to a complaint or dispute relating to an agreement that is not an agreement entered into under this Act, or the exercise of, or failure to exercise, a function conferred or imposed by or under any other Act, if another Act confers jurisdiction on another court or tribunal with respect to the subject-matter of the complaint or dispute and the Tribunal has no jurisdiction under a law (other than this Act) with respect to that subject-matter.

(6) This section does not apply to a complaint or dispute relating to a function of, or a failure to exercise a function by, an association or strata corporation if the function may be exercised only in accordance with a unanimous resolution or a special resolution (other than a special resolution relating to association property or common property).