(1) A proprietor of a
lot in a two-lot scheme may apply to the State Administrative Tribunal for an
order under this section.
(2) An order under
this section is an order that, despite subsection (1) of
section 36A, one or more of the provisions in the Table to that
subsection apply to the strata company for the two-lot scheme.
(3) On the making of
an application under subsection (1), the State Administrative Tribunal
may make an order under this section if satisfied that, having regard to the
interests of all proprietors, the provision or provisions should apply to the
(4) An order under
this section is of no effect until a copy of the order has been recorded by
the Registrar of Titles under section 115 on the strata/survey-strata
plan to which it relates.
(5) An order
under this section is to be taken to be revoked or amended to the extent that
it is inconsistent with a by-law, or an amendment of a by-law, subsequently
made by the strata company by unanimous resolution and of effect under
[Section 103A inserted: No. 58 of 1995
s. 77; amended: No. 24 of 2000 s. 40(10); No. 55 of 2004
s. 1156(1) and 1158.]