(1) Where —
under this Act a unanimous resolution is necessary before any act may be done
in respect of a two-lot scheme; but
resolution is not obtained because the proprietors of the lots in the scheme
do not agree,
a proprietor may apply
to the District Court for an order under this section.
(1a) This section does
not apply to a unanimous resolution that is required for the passing of a
resolution under section 21F or 21Q.
(2) An order under
this section is an order declaring that a resolution specified in the order is
to be deemed to have been duly passed by the strata company as a unanimous
(3) On the making of
an application by a proprietor under subsection (1), the District Court
may make an order under this section if it is satisfied that a proprietor has
acted unreasonably in refusing to agree to the resolution or that it is in the
best interests of the proprietors that the order be made.
(4) Where a proprietor
makes an application under this section the other proprietor is a party to the
proceedings and shall be served with notice of the application.
(5) Section 51(3)
applies to the awarding of costs in proceedings under this section.
[Section 51A inserted: No. 58 of 1995
s. 50; amended: No. 61 of 1996 s. 22.]