Clause 14

Subject to subsections (4), (6) and (7), a Board may, pursuant to an application by a management corporation, subsidiary proprietor, mortgagee in possession, lessee or occupier of a lot in a subdivided building, make an order for the settlement of a dispute, or the rectification of a complaint, with respect to —

any defect in a lot, a subdivided building or its common property;

the liability of a subsidiary proprietor to bear the costs of or any part thereof for any work carried out by a management corporation in the exercise or performance of its powers, duties or functions conferred or imposed by this Act or the by-laws relating to the subdivided building; or

the exercise or performance of, or the failure to exercise or perform, a power, authority, duty or function conferred or imposed by this Act or the by-laws relating to the subdivided building.(2) An order under subsection (1) may be made on —

any person entitled to make an application under this section; or

the chairman, secretary or treasurer of a management corporation or its council.(3) Any order made under subsection (1), except an order made with respect to the exercise or performance of, or the failure to exercise or perform, a power, authority, duty or function conferred or imposed by this Act or the by-laws, may provide for the payment of damages.(4) For the purposes of this section, where a management corporation has a discretion as to whether or not to exercise or perform a power, authority, duty or function conferred or imposed on it by this Act or the by-laws, it shall be deemed to have refused or failed to exercise or perform that power, authority, duty or function only if it has decided not to exercise or perform that power, authority, duty or function.(5) For the purposes of subsection (4), where an application is made to a management corporation to exercise a discretion referred to in that subsection, and the management corporation does not, before the expiration of 2 months after the making of the application —

exercise or perform a power, authority, duty or function in accordance with the application; or

inform the applicant that it has decided not to exercise or perform the power, authority, duty or function in accordance with the application,the management corporation shall be deemed to have decided not to exercise or perform the power, authority, duty or function.(6) Nothing in subsection (1) shall empower a Board to make an order with respect to the exercise or performance of, or the failure to exercise or perform, a power, authority, duty or function of a management corporation where that power, authority, duty or function may, in accordance with any provision of this Act or the by-laws, only be exercised or performed pursuant to a unanimous resolution or a special resolution.(7) An order in respect of any matter dealt with in any other section in this Part shall not be made under this section.(8) Subsection (5) shall apply to any application to a management corporation made before the date of commencement of the Land Titles (Strata) (Amendment) Act 1998 as if the application had been made immediately after that date.”.