(1) The Tribunal may,
on the application of an owner of a lot in a strata titles scheme, by order,
exempt a particular structural alteration to the lot from the application of
this Division.
(2) An order may be
made under this section —
(a)
whether or not the necessary approval for the alteration has been sought; and
(b) even
if there has been a valid refusal to give the necessary approval.
(3) An order can only
be made under this section if the Tribunal is satisfied —
(a) that
the structural alteration of the lot is reasonable, having regard to the
merits of the alteration and the interests of all of the owners of the lots in
the use and enjoyment of their lots and the common property; and
(b) to
the extent that the structural alteration has already been carried out, it
will not cause any significant inconvenience or detriment to the owners of
other lots.
[Section 90 inserted: No. 30 of 2018 s. 83.]
[Heading inserted: No. 30 of 2018 s. 83.]
[Heading inserted: No. 30 of 2018 s. 83.]
[Heading inserted: No. 30 of 2018 s. 83.]