(1) Before a strata
titles scheme is terminated, an application may be made to the Tribunal for an
order for directions about winding up the strata company by —
(a) an
owner of a lot in the scheme; or
(b) a
registered mortgagee of a lot in the scheme; or
(c) the
strata company; or
(d) a
judgement creditor of the strata company; or
(e) for
a leasehold scheme, the owner of the leasehold scheme.
(2) If proceedings are
before the Tribunal under section 183, the application may be made in those
proceedings.
(3) Without
limitation, an order under this section may include directions for —
(a) the
sale or disposition of property of the strata company (including to whom and
how proceeds must be disbursed); or
(b) the
discharge of the liabilities of the strata company; or
(c) the
administration and functions of the strata company.
(4) The applicant and
any person to whom a copy of the application has been given under the
State Administrative Tribunal Act 2004 section 45, is entitled to appear and
be heard on the hearing of the application.
(5) The Tribunal may
vary an order made under this section on the application of any person who was
entitled to appear and be heard on the hearing of the application for the
order.
(6) An order under
this section prevails over steps specified in a termination proposal for
winding up of the strata company to the extent of any inconsistency.
[Section 192 inserted: No. 30 of 2018 s. 83.]
[Heading inserted: No. 30 of 2018 s. 83.]