120Order relating to by-laws

### 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 (c) reinstate any former by-law amended or repealed by the by-law in question.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.