(1) A person who as a
proprietor has paid a premium or other charge —
any insurance effected or maintained under section 56A; or
the circumstances mentioned in section 53E,
may apply to the State
Administrative Tribunal for an order under this section.
(1a) An application
under subsection (1)(b) is to be made within 3 months after the day
on which the payment is made.
(2) An order under
this section is an order —
varying the amount of contributions levied under section 36 in a way that
the State Administrative Tribunal considers necessary to ensure that the cost
of any premium or other charge referred to in subsection (1) falls fairly
on all proprietors of lots in the scheme; or
requiring the strata company to allow the applicant a credit, against
contributions payable by the proprietor, for any premium or other charge paid
by him; or
in accordance with section 36A or 36B there is no
fund under section 36(1)(a); or
the applicant is no longer a proprietor,
that any proprietor or
the strata company pay to the applicant a proportion of any premium or other
charge referred to in subsection (1).
(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 applicant was justified
exercising the power in section 56A to effect or maintain insurance; or
paying the amount of another proprietor’s share under section 53E.
(4) The amount of a
contribution required to be paid by a proprietor pursuant to an order under
this section shall be deemed to have been levied on that proprietor by the
strata company under section 36(1)(c).
[Section 103L inserted: No. 58 of 1995
s. 77; amended: No. 61 of 1996 s. 34;No. 55 of 2004
s. 1156(1) and (3) and 1158.]