Community schemes orders

An order requiring an original owner to provide documents to an association

Who can apply
Association

• Attach evidence of attempted mediation
• Provide details of the documents not provided to the association which was required to be provided under section 16 of the Act

An order requiring a meeting to be held

Who can apply?
Owner
Association
Covenant charge

• Attach evidence of attempted mediation
• Provide details about the failure to hold a meeting
• Provide details of the person who has consented to convening the meeting

An order invalidating a resolution passed by, or election held by an association

Who can apply?
Person entitled to vote on a motion at a meeting of the association
First mortgagee of lot or covenant charge of a lot where the owner is entitled to vote

• Attach evidence of attempted mediation
• Describe what resolutions you want invalidated and why
• Describe why an election should be invalidated
• Evidence includes copies of relevant minutes

An order nullifying a resolution of an association on ground that a person was denied a vote or notice was not given

Who can apply?
Person entitled to vote on resolution at a general meeting 

• Attach evidence of attempted mediation
• Describe the circumstances which led to you being improperly denied a vote on the motion, or not being given due notice of the item of business and your entitlement to vote for or against the motion
• Evidence includes a copy of the resolution you want nullified and a copy of minutes of meetings

An order appointing a person to convene a meeting if no committee after first AGM

Who can apply?
Owner
Mortgagee
Covenant chargee

• Attach evidence of attempted mediation
• Provide details about the failure to hold a meeting
• Provide details of the person who has consented to convening the meeting

An order waiving, varying or extinguishing restriction relating to the initial period of a scheme, and to authorise matters to be done in relation to the waiving, varying or extinguishing of that restriction

Who can apply?
Association to which the restriction applies
Developer to which the restriction applies

Evidence includes:

• Copy of the plan of subdivision
• Where appropriate evidence that the applicant is the original owner
• Name and address of each lot owner
• Name and address of any registered mortgagee, enrolled mortgagee and/or covenant chargee 

An order about the payment of commissions following non-disclosure

Who can apply?
Association

• Evidence includes details of commissions believed to have been paid to the managing agent which were not disclosed in good faith.

An order terminating or varying a managing agent or building or facilities manager agreement

Who can apply?
Association

• Attach evidence of attempted mediation
• Evidence includes detailed information about why the termination or variation of the agreement is sought

An order for the appointment of a compulsory managing agent

Who can apply?
A person who obtained an order under this Act that imposed a duty on the association or strata corporation or office holder of the association or strata corporation and that has not been complied with
A person with an estate or interest in a development lot, neighbourhood lot or strata lot in the scheme
The authority having the benefit of a positive covenant that imposes a duty on the association or strata corporation
A judgment creditor to whom the association or strata corporation owes a judgment debt

• Describe how the management structure is not functioning satisfactorily

OR

• Provide evidence of the association or strata corporation’s failure to comply with an NCAT order or failure to perform one or more of its duties

OR

• Provide evidence of the association or owners corporation’s judgment debt
• What functions do you want the agent to have and exercise?
• Attach written consent from a managing agent listing their terms, conditions, fee and licence under the Property and Stock Agents Act 2002

An order to vary a management statement

Who can apply?
Person entitled to vote on the amendments to, or the repeal of a management statement

• Attach evidence of attempted mediation

 Evidence includes:

• Details of why the management statement should be varied or revoked, whether a new statement should be issued and the reasons why
• Copy of management statement

An order amending invalid part of management statement or revoking association by-law

Who can apply?
Person entitled to vote at an association or strata corporation meeting
Mortgagor
First mortgagee
Covenant chargee

Attach evidence of attempted mediation

Evidence includes:

• Details of why the order is sought, including details of invalid part of management statement
• Copy of management statement

An order affecting association property

Who can apply?
Person entitled to vote at an association or strata corporation meeting

• Attach evidence of attempted mediation

Evidence includes:

• Details of whether the association or strata corporation has made or refused to make a by-law or if necessary consent has been refused or not given

An order allocating payment of surplus money

Who can apply?
Association
Covenant chargee
Owner
Mortgagee

• Attach evidence of attempted mediation
• Details of orders sought
• Evidence includes copies of relevant minutes and the strata plan

An order for payment of individual contributions of a different amount if insurance costs greater because of use of lot

Who can apply?
Association
Lessor of leasehold strata scheme
Owner
Mortgagee in possession

• Attach evidence of attempted mediation
•  Provide details of the use of the lot and the insurance premium
• Describe why the lot owner’s refusal to pay the extra amount of the insurance premium is unreasonable 

An order that no interest is chargeable for late payment of contribution

Who can apply?
Owner

• Attach evidence of attempted mediation
• Describe why the association should reasonably have determined not to charge interest
• Evidence includes copies of levy notices and details of interest

An order for the recovery of unpaid contributions and interest

Who can apply?
Association
Owner

• Note: You cannot apply under this section about unpaid levies unless other orders under the Act are also sought
• Attach evidence of attempted mediation
• Evidence includes copies of levy notices, details of interest and reasonable expenses 

An order varying contributions or payment methods

Who can apply?
Association
Owner
Mortgagee
Covenant chargee in possession 

• Attach evidence of attempted mediation
• Describe why the levy should be a different amount and what the amount should be
• Provide the date the levy was decided and the last day for payment
• Describe how the levy should be paid (you should provide sufficient details to enable an understanding of your budgets and levies)
• Evidence includes the estimates and minutes of meetings where the levy was decided

An order requiring original owner to pay compensation for inadequate estimates and levies

Who can apply
Association
Owner

• Attach evidence of attempted mediation
• Time limit: Application must be made no later than 3 years after the end of the initial period

An order to enter to carry out work

Who can apply?
Association

• Describe why entry to the lot is required and if consent has been refused
• Evidence includes a copy of minutes of relevant meetings or correspondence requesting entry to the lot and any other relevant correspondence

An order requiring an owner or occupier to repair damage or compensate for damage

Who can apply?
Association

• Attach evidence of attempted mediation

• Evidence includes (photos, strata minutes, quotes) of the damage and costs to repair

An order substituting schedule of unit entitlements

Who can apply?
Association
Strata corporation
Owner of development lot
Neighbourhood lot or strata lot 

Detail how and why you want the unit entitlements reallocated, including if the initial schedule was based on unreasonable valuations, or if the developer’s or subdivider’s estimate of proportionate values is inaccurate.

Evidence includes:

• A valuation certificate from a qualified valuer giving the value of each of the lots at the time the strata scheme was registered or immediately after the change in permitted land use
• A copy of the certificate of title or a copy of the registered strata plan that shows the present unit entitlements Note: The certificate must be given by a person who is a qualified valuer within the meaning of the Community Land Development Act 2021 

An order about restricted property

Who can apply?
Association or strata corporation

• Attach evidence of attempted mediation
• Detail why the by-law or management statement should be changed, including if the association or strata corporation has created or refused to create restricted property

OR

• If a consent required to the creation of or refusal to create restricted property is not given

An order for exemption from requirement to insure

Who can apply?
Person required to insure

• Attach evidence of attempted mediation
• Detail why compliance with the requirements to insure is unnecessary or impracticable

OR

• If all other persons required to insure the building have consented in writing to the order being made.
• Evidence includes copies of any minutes and correspondence including evidence of unanimous resolution

An order requiring a person to make or pursue insurance claim

Who can apply?
Owner
Tenant of a development lot or neighbourhood lot

• Attach evidence of attempted mediation 
• Evidence includes copies of any minutes and correspondence

An order that the amount of insurance taken out must be varied

Who can apply?
Owner
Authority having benefit of a positive covenant affecting building site

• Attach evidence of attempted mediation
• Specify why amount of the current insurance taken out is unreasonable
• Specify by whom the insurance is to be taken out or varied
• Evidence includes copies of any relevant policies, minutes and correspondence

An order requiring information to be entered on the roll

Who can apply?
Association
Owner
Other person havingor acquiring an estate or interest in a lot

• Attach evidence of attempted mediation
• Provide details of information you want on the association roll
• Evidence includes copies of any request for confirmation of the notice made by the Secretary and any reply to the request

An order requiring the supply of records or documents

Who can apply?
Person entitled to inspect records or documents

• Provide details of the information you require and your entitlement to the information
• Evidence includes copies of your request for the supply of information and the refusal 

An order made under the general order-making power

Who can apply?
Interested person

• Attach evidence of attempted mediation

An order to settle disputes or complaints

Who can apply?
Interested person
Original owner
Building manager

• Attach evidence of attempted mediation
• Note: This is the general power of the Tribunal to settle a dispute or complaint about the operation, administration or management of a scheme under the Community Land Management Act 2021

Examples of general disputes or complaints:

• Management of administrative and sinking funds
• Holding meetings in accordance with the Act
• Interference with support of shelter or essential services
• Repairs to common property
• Compliance with by-laws
• Causing a nuisance or hazard
• Interference with the use or enjoyment of common property
• Failure to provide documents
• Damages for contravention of duty to maintain association property and keep in a state of good and serviceable repair 

An order removing a person from a committee or office or prohibiting a committee from determining a matter

Who can apply?
Interested person

• Attach evidence of attempted mediation

Explain why you think the person should be removed from the association committee or why the association committee should be prohibited from determining a matter

An order to give effect to agreements and arrangements arising from mediation sessions

Who can apply?
Persons who are parties to mediation
Mediator

• Attach evidence of mediation
• Attach a copy of the written agreement signed by parties
• Explain why the Tribunal should make orders in the terms of the mediation agreement

An order for a civil penalty for breach of by-laws

Who can apply?
Association
Time limit: Application must be made within 12 months after the Notice to Comply with a by-law was given
OR
Application must be made within 12 months after the Tribunal had imposed a monetary penalty on the person for a previous breach of the by-law

• Attach a copy of the relevant resolution of the association or executive committee and the Notice to Comply with a by-law
• Evidence includes a statement detailing the breach that justified the giving of the Notice to Comply; the authority to give the Notice to Comply; the contravention that justified the application
• The dates and times on which the contravention occurred
• A description of the activities which amount to the contravention
• Note: Evidence must be in the form of an affidavit or expert report as appropriate, as the rules of evidence apply in penalty proceedings

An order for a civil penalty for contravention of Tribunal orders

Who can apply?
Applicant for the original order
Association or strata corporation
A party to the mediation if the Tribunal order is one which give effect to an agreement arising out of a mediation session

• Attach the Tribunal order that was contravened
• Evidence includes a statement of the contravention including dates and description of activities
• Note: Evidence must be in the form an affidavit or expert report as appropriate, as the rules of evidence apply in penalty proceedings

An order to make, revoke or renew an interim order

Who can apply?
Party to the substantive application

• Describe the urgent considerations that warrant the making of an interim order to stop the actions of a party or to preserve the current state until the substantive application is decided