Part 5 - Regulation of Estate Management Section 77: Determination of tribunal as to estate management charges
Section 77 sets out the circumstances under which an owner of a managed dwelling may seek to challenge the reasonableness of the estate management charge.
	Subsection (1) allows for applications to be made to the appropriate tribunal for a determination as to whether an estate management charge is payable and, if so, the persons by which and to which it is payable, the amount which is payable, the date at or by which it is payable, and the manner in which it is payable. Subsection (2) provides that an application may be made whether or not any payment has been made.
	Subsection (3) provides that an application may also be made to the appropriate tribunal for a determination as to whether, if costs were incurred for services, repairs, maintenance, improvements, insurance or management of any specified description, an estate management charge is payable for the costs and, and if so, the persons by which and to which it is payable, the amount which is payable, the date at or by which it is payable, and the manner in which it is payable.
	Subsection (4) sets out the circumstances under which an application to the relevant tribunal under subsections (1) and (3) cannot be made. This includes (a) a matter relating to a managed dwelling that has been agreed or admitted by every owner of the dwelling; (b) a matter that has been or is being referred to arbitration pursuant to a post-dispute arbitration agreement to which the owner is a party; (c) a matter that has been the subject of a determination by a court; or (d) a matter that is in respect of a determination by an arbitral tribunal pursuant to a post-dispute arbitration agreement.
	Subsection (5) makes it clear that, for the purpose of subsection (4), simply paying the estate management charge does not mean that the owner of the managed dwelling has agreed or admitted any matter. Subsection (6) provides that an agreement by an owner (other than a post-dispute arbitration agreement) is void in so far as it purports to provide for a determination in a particular manner or on particular evidence on any question which may be the subject of an application.