New South Wales Consolidated Acts

COMMUNITY LAND MANAGEMENT ACT 1989 - SECT 79

79 Order by Tribunal affecting restricted property

(1) If an association, or a strata corporation, decides to create, or to refuse to create, restricted property, or if a necessary consent to the creation, or to a refusal to create, restricted property has not been given, the Tribunal may, by order, amend--

(a) the management statement for the association, or

(b) the by-laws for the strata scheme,

in relation to the property.

(2) Without limiting the operation of subsection (1), an amendment made under that subsection may have the effect of revoking so much of a management statement or by-laws as creates restricted property.

(3) The order must be made on the basis of what the Tribunal considers to be the best interests of all the members of the association or strata corporation.

(4) Application for an order under this section may be made by--

(a) the association or strata corporation, or

(b) the proprietor of a lot within the scheme under which the association or strata corporation is constituted.