Strata Schemes Management Act 2015 No 50
Current version for 1 July 2020 to date (accessed 10 July 2020 at 07:25)
Part 9 Division 3
Division 3 Orders about insurance
172   Exemption by Tribunal from building insurance requirements
(1)  The Tribunal may, on application by a person required by this Part to insure a building or structure, by order exempt the applicant—
(a)  from compliance with the requirements to insure unconditionally, or
(b)  with the written consent of the applicant, from compliance with those requirements subject to a condition that the applicant takes out insurance for the building that is specified in the order.
(2)  The Tribunal must not make an order unless—
(a)  it is of the opinion that compliance with the requirements to insure is unnecessary or impracticable, and
(b)  each other person required to insure the building has consented in writing to the making of the order or has, before the making of the order, been given an opportunity to make representations to the Tribunal with respect to the application for the order.
(3)  An owners corporation may apply for an order, or give a consent for the purposes of this section, only in accordance with a unanimous resolution.
(4)  If an owners corporation is required by a positive covenant to insure the building, an order must not be made until—
(a)  at least 21 days after the Tribunal has given notice to the authority having the benefit of the covenant of the intention to make the order, and
(b)  the Tribunal has considered any representations made during the 21-day period to the Tribunal by the authority in relation to the intended order.
173   Effect of exemption from building insurance requirements
(1)  A person exempted by the Tribunal from the requirement to insure a building is not under a duty to comply with the requirement or any corresponding requirement of a positive covenant.
(2)  However, if the exemption was granted subject to a condition, the person is under the duty, if in breach of that condition.
174   Order to make or pursue insurance claim
(1)  The Tribunal may, on application, order any person who is entitled to the benefit of insurance taken out under this Act to make or pursue an insurance claim in relation to damage to the building or any other property to which the insurance relates, if the Tribunal considers the person has unreasonably refused to make or pursue the claim.
(2)  An application for an order may be made by any of the following—
(a)  an owner or tenant of a lot in the strata scheme for the building or part of the building,
(b)  the lessor of a leasehold strata scheme for the building or part of the building,
(c)  if part of the building is included in a part strata parcel, any person in whom is vested an estate in fee simple or a leasehold estate, registered under the Real Property Act 1900 in any part of the building or its site that is not included in a part strata parcel.
175   Orders requiring damage policy
(1)  The Tribunal may, on application, order that a damage policy must be taken out for a specified amount, if the Tribunal is satisfied that there is a dispute about the amount for which any such insurance should be taken out or the proportions in which the premium should be paid.
(2)  The order may require insurance to be taken out in accordance with the order for a period of up to 90 days, but does not affect the requirement made by this Act to keep the building insured after that period.
(3)  The Tribunal may, on application, order that the amount of any insurance taken out for a damage policy or under section 164 (1) (c) must be varied to a specified amount, if the Tribunal considers that the amount of the current insurance is unreasonable.
(4)  An order must specify by whom the insurance is to be taken out or varied and (if the building is included in a part strata parcel) the proportions in which the premium is to be paid.
(5)  An application for an order under this section may be made by any of the following—
(a)  an owner or a mortgagee of a lot shown on the strata roll, or a person having an interest in a lot, in a strata scheme for the whole or any part of the building concerned,
(b)  the lessor of a leasehold strata scheme for the building or any part of the building concerned or by any owner or sublessee of the common property,
(c)  if part of the building is included in a part strata parcel, any person in whom is vested (or who has an interest in) an estate in fee simple in any part of the building or its site that is not included in a part strata parcel or any mortgagee under a mortgage registered under the Real Property Act 1900 of any such estate or interest,
(d)  an authority having the benefit of a positive covenant affecting the building or its site.