(1) Pursuant to an
application by a proprietor for an order under this section, the State
Administrative Tribunal may, subject to this section, order that the
applicant, and any occupier or other resident of the lot of which the
applicant is the proprietor, may use specified common property in such a
manner, for such purposes, and upon such terms and conditions, if any, as are
specified in the order.
(2) The State
Administrative Tribunal shall not make an order under subsection (1)
unless satisfied —
the lot of which the applicant is proprietor is incapable of reasonable use
and enjoyment by the proprietor, occupier, or other resident of the lot unless
the order is made; and
the strata company has refused to grant a licence to use common property in
such a manner, for such purposes, and upon such terms and conditions as would
enable that proprietor or such an occupier or other resident reasonably to use
and enjoy that lot.
(3) An order under
subsection (1), when recorded under section 115, has effect, subject
to any order with respect thereto made by a superior court, as if its terms
were a by-law.
[Section 94 amended: No. 55 of 2004
s. 1156(1) and (2) and 1158.]