Strata Titles Act 1998
120Order relating to by-laws
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120 Order relating to by-laws
(1) If, on an application for relief under this Part, the Recorder is satisfied that a by-law –
(a) was made without power; or
(b) was not made in accordance with this Act or any other requirement that should have been observed; or
(c) should not have been made having regard to the interests of the owners and occupiers of lots in the use and enjoyment of the lots and common property –
the Recorder may make an order under this section.
(2) An order under this section may –
(a) declare the by-law to be invalid; or
(b) repeal the by-law; or
(c) reinstate any former by-law amended or repealed by the by-law in question.
(3) An order under this section has effect in accordance with its terms.
(4) This section does not apply to a by-law conferring on an owner rights to the exclusive use and enjoyment of, or special privileges in respect of, a specified part of the common property.