(1) The owner of a
leasehold scheme or the owner of a lot in the leasehold scheme may apply to
the Tribunal for enforcement of a covenant or condition in the strata lease or
an obligation under this Division.
(2) However, an
application can only be made by the owner of the leasehold scheme if —
(a) the
owner of the leasehold scheme has served notice about the breach of the strata
lease on the owner of the lot, and the mortgagee of the lot, if any, that
complies with the Property Law Act 1969 section 81(1)(a), (b) and (c); and
(b) the
owner of the lot has failed within a reasonable time after the service of the
notice on the owner, to remedy the breach, if it is capable of remedy, and to
make reasonable compensation in money, to the satisfaction of the owner of the
leasehold scheme, for the breach.
(3) The Tribunal may,
if satisfied that the owner of a lot in a leasehold scheme has breached a
covenant or condition in the strata lease, by order do 1 or more of the
following —
(a)
require the owner of the lot to pay compensation to the owner of the leasehold
scheme for any pecuniary loss or damage caused by the breach of the strata
lease;
(b)
require the owner of the lot to do, or refrain from doing, a specified act to
remedy the breach;
(c)
vest, for the remaining term of the strata lease, or for a shorter term, the
strata lease for the lot in a mortgagee of the lot on conditions that the
Tribunal is satisfied are just and equitable, including, for example,
conditions relating to —
(i)
the execution of a dealing or other document; or
(ii)
the payment of costs, expenses, damages or compensation;
or
(iii)
the giving of security;
(d) if
the covenant or condition is a fundamental covenant or condition and the
Tribunal is satisfied that the owner of the leasehold scheme cannot be
reasonably compensated by an order under a preceding paragraph, authorise the
owner of the leasehold scheme to re-enter the lot.
(4) The Tribunal may,
if satisfied that the owner of a leasehold scheme has breached a covenant or
condition in the strata lease or has contravened this Act, by order do 1 or
more of the following —
(a)
require the owner of the leasehold scheme to pay compensation to the owner of
a lot in the scheme for any pecuniary loss or damage caused by the owner of
the leasehold scheme, including by purporting to exercise a right to re-enter
the lot in circumstances in which the owner does not have that right;
(b)
require the owner of the leasehold scheme to return possession of a lot in the
scheme to the owner of the lot.
[Section 54 inserted: No. 30 of 2018 s. 83.]
[ 54A. Deleted: No. 30 of 2018 s. 82(b).]