Commentary

117.2 Enforcement by unit-holders or tenants against the commonhold association

COMMONHOLD vol 8(1)
| Commentary

117.2 Enforcement by unit-holders or tenants against the commonhold association

| Commentary

117.2 Enforcement by unit-holders or tenants against the commonhold association

The dispute resolution procedure in the commonhold community statement must be used by unit-holders and tenants of units seeking to enforce a duty against the commonhold community statement, except:

  1. 117.2.1

        where the claim is for payment of money from the association; or

  2. 117.2.2

        in an emergency.

In those two cases, the claimant may use the dispute resolution procedure, may go to the ombudsman (where the association is a member of an approved ombudsman scheme) or may start legal proceedings1.

The claimant must, as a first step, consider resolving the dispute by negotiating

To continue reading
View the latest version of this document, as well as thousands of others like it, sign in to LexisLibrary or register for a free trial