(1A) An application
for an order under this section for a strata scheme can be made by —
(a) the
strata company; or
(b) the
owner of a lot in the scheme; or
(c) a
registered mortgagee of a lot in the scheme; or
(d) for
a leasehold scheme, the owner of the leasehold scheme.
(1) If a scheme
building is damaged or destroyed, the Tribunal may make an order for or with
respect to the variation of the existing strata scheme or the substitution for
the existing strata scheme of a new strata scheme.
(2) An insurer who has
effected insurance on the scheme building, or any part of the building,
against damage to or destruction of the building has the right to appear, in
person or by counsel, on an application to the Tribunal under this section.
(3) Without limiting
subsection (1), an order made under that subsection may include directions for
any 1 or more of the following matters —
(a) the
reinstatement in whole or in part of the building;
(b) the
transfer or conveyance of the interests of the owners of lots that have been
damaged or destroyed to the other owners of lots in proportion to their unit
entitlements;
(c) the
substitution for the existing schedule of unit entitlements of a new schedule
of unit entitlements;
(d) the
application of insurance money received by the strata company in respect of
damage to or destruction of the scheme building;
(e) the
payment of money to or by the strata company, the owner of a lot or, for a
leasehold scheme, the owner of the leasehold scheme;
(f) the
amendment of the strata plan, in such manner as the Tribunal thinks fit, so as
to include any addition to the common property;
(g) the
payment to a mortgagee of a lot of money received by the strata company from
an insurer of the scheme building;
(h) any
matter in respect of which it is, in the opinion of the Tribunal, just and
equitable in the circumstances of the case to make provision in the order;
(i)
the imposition of such terms and conditions as the
Tribunal thinks fit.
(4) The Tribunal may
amend an order made under this section.
(5) An order made
under this section takes effect as follows —
(a)
except as provided in paragraph (b), on the day specified in the order or the
day when the order is lodged for registration with the Registrar of Titles,
whichever is the later;
(b) in
the case of an order made under this section as applied by section 167, on the
day on which the taking referred to in the order takes effect.
[(6)-(7) deleted]
[Section 166, formerly section 28, amended: No. 58
of 1995 s. 30 and 93(1); No. 74 of 2003 s. 112(5); amended, renumbered as
section 166 and relocated: No. 30 of 2018 s. 31 and 84.]
[Heading inserted: No. 30 of 2018 s. 83.]