QLDIn ForceAct
Building Units and Group Titles Act 1980
sec.90Order invalidating purported by-law
Start here
Get a plain-English read of sec.90
Turn the raw legal text into a practical explanation grounded in Building Units and Group Titles Act 1980.
### sec.90 Order invalidating purported by-law
Where, pursuant to an application by any person entitled to vote at a meeting of the body corporate (including both a first mortgagee and a mortgagor of a lot) for an order under this section, a referee considers that a body corporate did not have the power to make a by-law purporting to have been made by it, the referee may make an order declaring the by-law to be invalid.
An order under subsection (1) , when recorded under section 112 , has effect, subject to any order with respect thereto made by a superior court, as if its terms were a by-law repealing the by-law to which the order relates.
(sec.90-ssec.1) Where, pursuant to an application by any person entitled to vote at a meeting of the body corporate (including both a first mortgagee and a mortgagor of a lot) for an order under this section, a referee considers that a body corporate did not have the power to make a by-law purporting to have been made by it, the referee may make an order declaring the by-law to be invalid.
(sec.90-ssec.2) An order under subsection (1) , when recorded under section 112 , has effect, subject to any order with respect thereto made by a superior court, as if its terms were a by-law repealing the by-law to which the order relates.