New South Wales Consolidated Acts
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STRATA SCHEMES MANAGEMENT ACT 2015 - SECT 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Order revoking amendment of by-law or reviving repealed by-law
148 Order revoking amendment of by-law or reviving repealed by-law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--
(a) an order that
the amendment be revoked,
(b) an order that the repealed by-law be revived,
(c) an order that the additional by-law be repealed.
(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.
(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).
(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.
Section 78 of the Civil and Administrative Tribunal Act 2013 provides for the
recovery as a judgment debt of amounts ordered to be paid by the Tribunal.
(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.
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