Tuesday, May 17, 2022

Strata Schemes Management Act 2015 No 50

Part 12
Division 3
Section 227

Certain applications cannot be accepted without prior mediation | Section 227

(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.

© State of New South Wales Department of Customer Service. For current information go to www.nsw.gov.au.

Disclaimer: Reproduced from the Strata Schemes Management Act 2015 . This website does not give legal advice or other professional advice. You should seek legal or other professional advice before acting and not rely on any of the content on this website.

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