Northern Territory Numbered Acts Northern Territory Numbered ActsSections 97 and 98
repeal, insert
(1) An exclusive use by-law is a by-law that directly or indirectly allocates to a specified unit special rights in relation to specified common property or body corporate assets, other than utility infrastructure.
Example for subsection (1)
The allocation decision is made by the body corporate of a subsidiary scheme.
(2) An exclusive use by-law may provide for the further allocation of special rights that have been allocated to a unit that is the scheme land of a subsidiary scheme.
Example for subsection (2)
An exclusive use by-law of a layered scheme allocates the use of car parks to a unit that is the scheme land of a subsidiary scheme. The body corporate of the subsidiary scheme may make an exclusive use by-law allocating specific car parks to units of the subsidiary scheme.
(3) Subject to subsection (4), an amendment to an exclusive use by-law must be made by unanimous resolution.
(4) If the amendment concerns special rights allocated to a unit when the unit owner or unit occupier was the body corporate manager, a service contractor or a letting agent, the amendment may be made by:
(a) ordinary resolution with the consent of the unit owner; or
(b) order of the Tribunal under section 98.
(5) Despite subsection (4), during the original owner control period, an exclusive use by-law that is included in the first scheme statement must not be amended or its effect varied.
(6) To avoid doubt, sections 95A to 95D apply to the amendment of an exclusive use by-law.
(7) If the amendment is certified by the schemes supervisor, the body corporate must lodge the amendment with the Register-General within 20 working days after the certification.
(8) A body corporate commits an offence if it contravenes subsection (7).
Maximum penalty: 100 penalty units.
(9) An offence against subsection (8) is an offence of strict liability.
(10) The management module may provide for the exercise of the special rights under the allocation.
Example for subsection (10)
The management module may provide for the obligations of a person exercising the rights.
(1) If a unit owner refuses to consent to an amendment of an exclusive use by-law under section 97(4)(a), the body corporate may apply to the Tribunal for an order for the amendment to be certified and lodged without that consent.
(2) The Tribunal has original jurisdiction to make any order it considers appropriate in relation to the application.
Example for subsection (2)
The Tribunal may make an order for the payment of compensation to the unit owner or unit occupier.
(3) If the Tribunal orders the lodgement of the amendment, the body corporate must take all reasonable steps to have it certified and lodged within the time specified in the order.
Note for subsection (3)
Noncompliance with an order of the Tribunal is an offence under section 84B of the Northern Territory Civil and Administrative Tribunal Act.
(1) The Tribunal has original jurisdiction to deal with matters under this Division.
(2) Section 140 of the Northern Territory Civil and Administrative Tribunal Act , does not apply to a decision of the Tribunal under this Division.
(1) A body corporate, a creditor of a body corporate or a person having an estate or interest in a unit scheme may apply to the Tribunal for the appointment of an administrator for the body corporate.
(2) The application must state the reasons for appointing an administrator and may include the name of a person who has consented to act as the administrator.
(3) On an application, the Tribunal may, if satisfied that the order is justified, by order:
(a) appoint a person to be administrator of the body corporate; and
(b) fix the terms and conditions of the appointment it considers appropriate.
(4) The remuneration of, and expenses incurred by, the administrator are taken to be expenditures of the body corporate.
On an application made by the administrator of a body corporate or a person mentioned in section 98B(1), the Tribunal may, by order, remove or replace the administrator.
In an order under section 98B or 98C, the Tribunal must give the directions it considers appropriate with respect to the giving of notice of the order to the Registrar-General and to the body corporate.
(1) Subject to this section, the administrator of a body corporate must perform the duties, and may exercise the powers and perform the functions, of the body corporate, its committees and officers to the exclusion of the body corporate and its committee.
(2) Except with the approval of the Tribunal, the administrator of a body corporate may not do any act that is required by this Act to be authorised by a unanimous resolution.
(3) On application by the administrator of a body corporate or a person mentioned in section 98B(1), the Tribunal may give directions regarding the manner in which the administrator is to perform the duties and functions and exercise the powers of the body corporate.
(1) An administrator of the body corporate may, in writing, delegate to any person all or any of the duties, functions and powers of the administrator, except this power of delegation.
(2) The delegate must perform or exercise any delegated duty, function or power in accordance with the delegation.
(3) A delegation under this section may be revoked at any time and does not prevent the performance of a duty or function, or the exercise of a power, by the administrator of the corporation.