149Order with respect to common property rights by-laws

#### 149 Order with respect to common property rights by-laws 149 Order with respect to common property rights by-laws > > (1) The Tribunal may make an order prescribing a change to a by-law if the Tribunal finds— > > > > > (a) on application made by an owner of a lot in a strata scheme, that the owners corporation has unreasonably refused to make a common property rights by-law, or > > > > > (b) on application made by an owner or owners corporation, that an owner of a lot, or the lessor of a leasehold strata scheme, has unreasonably refused to consent to the terms of a proposed common property rights by-law, or to the proposed amendment or repeal of a common property rights by-law, or > > > > > (c) on application made by any interested person, that the conditions of a common property rights by-law relating to the maintenance or upkeep of any common property are unjust. > > > (2) In considering whether to make an order, the Tribunal must have regard to— > > > > > (a) the interests of all owners in the use and enjoyment of their lots and common property, and > > > > > (b) the rights and reasonable expectations of any owner deriving or anticipating a benefit under a common property rights by-law. > > > (3) The Tribunal must not determine an application by an owner on the ground that the owners corporation has unreasonably refused to make a common property rights by-law by an order prescribing the making of a by-law in terms to which the applicant or, in the case of a leasehold strata scheme, the lessor of the scheme is not prepared to consent. > > > (4) The Tribunal may determine that an owner has unreasonably refused consent even though the owner already has the exclusive use or privileges that are the subject of the proposed by-law. > > > (5) 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). > > > (6) 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.