BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997 - SECT 186 Dispensing with preliminary procedures

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997 - SECT 186

186 Dispensing with preliminary procedures

(1) A body corporate involved in a dispute of a kind mentioned in section 184 (1) may make an application under chapter 6 , without complying with section 184 (2) , if—

(a) the requirement mentioned in subsection (3) is satisfied; or

(b) the dispute is incidental to an application by the body corporate for an order under section 281 (1) (a) or (b) .

(2) The owner or occupier of a lot involved, as a complainant, in a dispute of a kind mentioned in section 185 (1) may make an application under chapter 6 , without complying with section 185 (2) or (3) , if—

(a) the requirement mentioned in subsection (3) is satisfied; or

(b) the dispute is incidental to an application by the complainant for an order under section 281 (1) (a) or (b) .

(3) For subsection (1) (a) or (2) (a) , the requirement is that—

(a) the body corporate, owner or occupier (the
"initiating party" ) reasonably believes—

(i) special circumstances apply for the contravention that is believed by the initiating party to have taken place and is the subject of the dispute; and

(ii) because of the special circumstances, it is necessary for the dispute to be resolved urgently; and

(b) the application is for an interim order of an adjudicator.

(4) For subsection (3) , special circumstances apply for a contravention if the contravention—

(a) is likely to cause—

(i) injury to persons; or

(ii) serious damage to property; or

(b) is a risk to the health or safety of persons; or

(c) is causing a serious nuisance to persons; or

(d) for another reason, gives rise to an emergency.