Strata Schemes Management Act 2015 No 50
Current version for 1 July 2020 to date (accessed 10 July 2020 at 06:42)
Part 7 Division 5
Division 5 Orders about by-laws
148   Order revoking amendment of by-law or reviving repealed by-law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(b)  an order that the repealed by-law be revived,
(c)  an order that the additional by-law be repealed.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.
Note.
 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.
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.
150   Order invalidating by-law
(1)  The Tribunal may, on the application of a person entitled to vote on the motion to make a by-law or the lessor of a leasehold strata scheme, make an order declaring a by-law to be invalid if the Tribunal considers that an owners corporation did not have the power to make the by-law or that the by-law is harsh, unconscionable or oppressive.
(2)  The order, when recorded under section 246, has effect as if its terms were a by-law repealing the by-law declared invalid by the order (but subject to any relevant order made by a superior court).
(3)  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.