Strata Schemes Management Act 2015 No 50
Division 3 Procedures for applications to Tribunal
226 Interested persons
(1) The following persons are interested persons for the purpose of making an application to the Tribunal under this Act—(a) the owners corporation,(b) an officer of the owners corporation,(c) a strata managing agent for the scheme,(d) an owner of a lot in the scheme, a person having an estate or interest in a lot or an occupier of a lot,(e) if the strata scheme is a leasehold strata scheme, the lessor of the scheme.(2) The interested persons for the purpose of making an application to the Tribunal under this Act relating to a strata scheme for a part strata parcel also include the following—(a) the owners corporation or a strata managing agent for, an owner of a lot in, a person having any other estate or interest in a lot in, or an occupier of a lot in, any other scheme affecting the building,(b) any other person for the time being bound by any strata management statement for the building.
227 Certain applications cannot be accepted without prior mediation
(1) A registrar must not accept an application made to the Tribunal under this Act unless—(a) mediation by the Secretary under Division 2 or otherwise has been attempted but was not successful, or(b) a party refused to participate in the mediation, or(c) the registrar considers that mediation is unnecessary or inappropriate in the circumstances.(2) The registrar must inform an applicant that the applicant should arrange for mediation if the registrar rejects an application under this section.(3) The applicant may arrange for mediation under Division 2 or otherwise.(4) This section does not apply to applications for the following orders—(a) an order to appoint, or requiring the appointment of, a strata managing agent,(b) an order varying or revoking an order that varies or revokes another order by the Tribunal,(c) an order with respect to waiving, varying or extinguishing a restriction relating to the initial period,(d) an order allocating unit entitlements,(e) an order with respect to access to a lot by the owners corporation to inspect or repair common property,(f) an order seeking provision of records to an owners corporation by a former strata managing agent for the strata scheme,(g) an order with respect to the inspection of records of an owners corporation,(h) an order imposing a monetary penalty and any associated order as to the payment of costs.
228 Notice of applications to Tribunal
(1) The registrar must give the named parties to the application, and any other person who in the registrar’s opinion would be affected, a copy of an application for an order (other than an order imposing a monetary penalty).(2) On receipt of an application, an owners corporation given notice of an application for an order must—(a) immediately cause a copy of the application to be prominently displayed on any notice board required to be maintained by or under the by-laws on some part of the common property, and(b) so display the copy for the period specified in the notice for the making of submissions.