(1) A proprietor who
is aggrieved by the operation of a by-law referred to in section 42B may
apply to the State Administrative Tribunal for an order under this section.
(2) An order under
this section is an order —
fixing a method of assessing contributions to be levied on proprietors under
section 36 otherwise than —
in proportion to the unit entitlements of their
respective lots; or
in accordance with a by-law referred to in
such contributions are to be levied in accordance with
(3) An order under
this section may relate to contributions to all of the expenses of the strata
company or to one or more particular kinds of expenses.
(4) On the making of
an application under subsection (1), the State Administrative Tribunal
may make an order under this section that appears to it to provide for a
method of fixing contributions that is fair to all proprietors having regard
to their use and enjoyment of the common property and any building or other
improvement on the parcel.
(5) To the extent of
any inconsistency, an order under this section prevails over
section 36(1)(c) or a by-law under section 42B.
(6) 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.
(7) 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 99A inserted: No. 58 of 1995
s. 76; amended: No. 24 of 2000 s. 40(9); No. 55 of 2004
s. 1140 and 1156(1) and (3).]