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BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997 - SECT 185
Preliminary procedure for application by owner and occupier for resolution of dispute
185 Preliminary procedure for application by owner and occupier for resolution
of dispute
(1) This section applies if— (a) a dispute exists between the owner or
occupier of a lot included in a community titles scheme (the
"complainant" ) and the owner or occupier of another lot included in the
scheme (the
"accused person" ); and
(b) the dispute arises because the complainant
reasonably believes that— (i) the accused person has contravened a provision
of the by-laws for the scheme; and
(ii) the circumstances of the
contravention make it likely the contravention will continue or be repeated.
(2) For a complainant who is the owner or occupier of a lot included in a
community titles scheme other than a specified two-lot scheme, the complainant
may make an application under chapter 6 for resolution of the dispute only
if— (a) the complainant has, in the approved form, asked the body corporate
to give the accused person a contravention notice for the contravention the
subject of the dispute; and
(b) the body corporate does not advise the
complainant, as required under section 182 (3) or 183 (3) , that the
contravention notice has been given to the accused person.
(3) For a
complainant who is the owner or occupier of a lot included in a specified
two-lot scheme, the complainant may make an application under chapter 6 for
resolution of the dispute only if— (a) if the complainant is an owner of a
lot included in the scheme—the complainant has given the accused person a
contravention notice for the contravention the subject of the dispute; or
(b)
if the complainant is an occupier of a lot included in the scheme— (i) the
complainant has, in the approved form, asked the owner of the lot they occupy
to give the accused person a contravention notice for the contravention the
subject of the dispute; and
(ii) the lot owner does not advise the
complainant, as required under section 183C (4) or 183D (4) , that the
contravention notice has been given to the accused person.
(4) This section
is subject to section 186 .
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