(4) A
restriction imposed by subsection (1), (2) or (3) may be waived, varied or
extinguished by order of the Tribunal on application by the association or
developer to which the restriction applies.
(a) as a debt--any
liability incurred by the association because of a breach of subsection (1),
(2) or (3), or
(b) as damages--any loss suffered by the association as a
result of such a breach.
(6) A member of an association other than the
original proprietor under the relevant scheme may recover from the
original proprietor as damages any loss suffered by the member because of a
breach of subsection (1), (2) or (3).
(7) It is a defence to an action under
this section for debt or damages if it is proved that the
original proprietor--
(a) did not know of the breach on which the action is
based, or
(b) was not in a position to influence the conduct of the
association in relation to the breach, or
(c) being in such a position, used
due diligence to try to prevent the breach.
(8) A remedy available under this
section does not affect any other remedy.