Northern Territory Consolidated Acts

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UNIT TITLE SCHEMES ACT 2009 - SECT 84

What is a dispute

    (1)     There is a dispute relating to a scheme in any of the following circumstances:

        (a)     the body corporate, or a unit owner, unit occupier or mortgagee of a unit, claims there is, or has been, a contravention of this Act by a person in relation to the scheme;

        (b)     a unit owner claims to have been wrongfully treated by:

            (i)     the body corporate or committee, or a delegate of the body corporate or committee; or

            (ii)     another unit owner or a unit occupier;

        (c)     a unit owner claims a decision of the body corporate or committee, or a delegate of the body corporate or committee, is unreasonable, oppressive or unjust;

        (ca)     a unit owner claims the body corporate or committee, or a delegate of the body corporate or committee, has failed or unreasonably refused to perform a function imposed, or to exercise a power conferred, on the body corporate or committee under this Act or the management module of the scheme;

        (cb)     a dispute has arisen between a body corporate and the body corporate manager in relation to the administrative services provided by the manager in accordance with the manager's engagement;

        (cc)     a body corporate claims the body corporate manager has contravened the code of conduct that applies to the manager's engagement;

        (d)     a dispute relating to a unit or the common property has arisen:

            (i)     between a unit owner and the body corporate or committee; or

            (ii)     between 2 or more unit owners;

        (e)     other circumstances prescribed by regulation.

    (2)     However, a matter that would otherwise be a dispute under subsection (1) is not a dispute if it relates to a termination of a scheme under the Termination of Units Plans and Unit Title Schemes Act 2014 .



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