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STRATA SCHEMES MANAGEMENT ACT 2015 - SECT 126
Orders relating to alterations and repairs to common property and other property
126 Orders relating to alterations and repairs to common property and other
property
(1) Order requiring owners corporation to carry out work on common property
The Tribunal may, on application by a lessor of a leasehold strata scheme or
an owner of a lot in a strata scheme, order the owners corporation to consent
to work proposed to be carried out by an owner of a lot if the Tribunal
considers that the owners corporation has unreasonably refused its consent and
the work relates to any of the following-- (a) minor renovations or other
alterations to common property directly affecting the owner's lot,
(b)
carrying out repairs to common property or any other property of the
owners corporation directly affecting the owner's lot.
(2) Order consenting
to owner's work on owners corporation property The Tribunal may, on
application by a lessor of a leasehold strata scheme or an owner of a lot in a
strata scheme, make an order (a
"work approval order" ) approving of minor renovations or alterations or
repairs already made by an owner to common property or any other property of
the owners corporation directly affecting the owner's lot if the Tribunal
considers that the owners corporation unreasonably refused its consent to the
minor renovations or alterations or repairs.
(3) A work approval order is
taken to be the consent of the owners corporation to the renovations,
alterations or repairs and may provide that it has effect from a day specified
in the order that occurred before the order was made.
(4) In deciding whether
to grant a work approval order or to provide for the order to have effect from
a day that occurred before the date of the order, the Tribunal may take into
account the conduct of the parties in the proceedings, for example, if an
owner did not first seek the consent of the owners corporation before carrying
out the renovations, alterations or repairs.
(5) Responsibility for ongoing
repair and maintenance of affected property The Tribunal may specify in an
order under this section whether the owners corporation or the owner of the
lot has the ongoing responsibility for the repair and maintenance of any
additional property arising out of a minor renovation or alteration or repair
to common property approved under the order.
(6) If an order provides for the
owner of a lot to have the ongoing responsibility for the repair and
maintenance of any such additional property, the order also has effect in
relation to any subsequent owner of the lot.
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