(1) An application to
the State Administrative Tribunal for an order under this section may be made
strata company; or
proprietor of a lot in a strata scheme if —
a general meeting of the strata company has been duly
a quorum was not present within half an hour of the
time appointed for the general meeting or for the adjourned meeting
provided for by by-law 12(4) in Schedule 1.
(2) An order under
this section is an order exempting the strata company from the obligation to
insure imposed upon it by section 54 or 55(1), or both of those
provisions, either generally or in a particular respect.
(3) On the making of
an application under subsection (1), the State Administrative Tribunal
may make an order under this section if satisfied that the exemption will not
be against the interests of any proprietor.
(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 resolution without dissent (or unanimous resolution, in
the case of a two-lot scheme) and of effect under section 42(4).
[Section 103J inserted: No. 58 of 1995
s. 77; amended: No. 61 of 1996 s. 33; No. 24 of 2000
s. 40(11); No. 74 of 2003 s. 112(14); No. 55 of 2004
s. 1156(1) and 1158.]