s 36 Application by subsidiary proprietor to court regarding common property
36.—(1) Despite sections 34 and 35, a subsidiary proprietor may make an application to the court for an order to direct the management corporation or management corporations to —(a) transfer a part of the common property; (b) accept a transfer of any land or part thereof or any lot so that the land or part thereof or lot forms part of the common property; or (c) amalgamate the common property of 2 or more management corporations. (2) When an application has been made to the court under subsection (1), the court may, on being satisfied that it is impracticable to convene a meeting to pass the required resolution and that having regard to the rights and interests of the subsidiary proprietors and the persons having registered interests in the common property as a whole it is just and equitable that —(a) the transfer of the part of the common property should be made; (b) any land or part thereof or lot should form part of the common property; or (c) the common property of 2 or more management corporations should be amalgamated, make an order directing the management corporation or management corporations to transfer that part of the common property, accept the transfer of the land or part thereof or lot, or execute an instrument of transfer of 2 or more parcels so that those parcels become vested as one parcel in all the subsidiary proprietors as tenants‑in‑common insofar as these parcels affect the common property (as the case may be) and lodge the transfer with the Registrar of Titles.