NSWIn ForceAct
Strata Schemes Management Act 2015
148Order revoking amendment of by-law or reviving repealed by-law
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#### 148 Order revoking amendment of by-law or reviving repealed by-law
148 Order revoking amendment of by-law or reviving repealed by-law
> > (1) The Tribunal may, on application by a person entitled to vote on the amendment or repeal of a by-law or addition of a new by-law or the lessor of a leasehold strata scheme, make one of the following orders—
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> > > (a) an order that the amendment be revoked,
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> > > (b) an order that the repealed by-law be revived,
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> > > (c) an order that the additional by-law be repealed.
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> > (2) The Tribunal may make an order only if the Tribunal considers that, having regard to the interest of all owners of lots in a strata scheme in the use and enjoyment of their lots or the common property, the change to the by-laws should not have been made by the owners corporation.
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> > (3) An order under this section, when recorded under section 246, has effect as if its terms were a by-law (but subject to any relevant order made by a superior court).
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> > (4) When making an order under this section in relation to a common property rights by-law, the Tribunal may direct the payment by the owners corporation of compensation to the owner of the lot, or owners of the lots, referred to in the by-law.
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> > Note.
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> > Section 78 of the [Civil and Administrative Tribunal Act 2013](/view/html/inforce/current/act-2013-002) provides for the recovery as a judgment debt of amounts ordered to be paid by the Tribunal.
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> > (5) An order under this section operates on and from the date on which it is so recorded or from an earlier date specified in the order.