New South Wales Consolidated Acts

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STRATA SCHEMES MANAGEMENT ACT 2015 - SECT 234

Order enforcing positive covenant

234 Order enforcing positive covenant

(1) The Tribunal may, on application by an authority having the benefit of a positive covenant, order an owners corporation for or owner of a lot in a strata scheme to comply with an obligation imposed by the covenant and relating to the maintenance, use, repair or insurance of a building or lot in the scheme, if the Tribunal considers that the owners corporation or owner has failed to comply with the obligation.
(2) If the authority has been refused an injunction under section 88H of the Conveyancing Act 1919 , the Tribunal must not make an order to the same effect as the injunction refused.



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