(1) For the purposes
of section 197(1)(i), a dispute between an owner of a lot and the trustee
of the trust about the trustee’s performance of, or failure to perform,
a function of the trustee under this Part, or under the terms of the trust, is
a scheme dispute under section 197(1).
(2) An owner of a lot
may make an application to the Tribunal for resolution of the dispute.
(3) For the purposes
of a requirement under this Part that owners of lots be provided with funding
under the trust for services obtained by them in connection with the
termination proposal process —
(a) the
dispute, and any proceedings before the Tribunal in connection with the
dispute, are taken to be part of the termination proposal process; and
(b) the
stage of the termination proposal process to which the dispute relates does
not end in relation to the owner of the lot until the application for
resolution of the dispute is withdrawn by the owner or the dispute is resolved
by the Tribunal.
Note for this regulation:
Subregulation (3)
enables owners of lots to claim funding from the trust for advisory or
representation services and, if the owner is a vulnerable person, ancillary
services obtained in connection with the dispute.