Order relating to by-laws
120 Order relating to by-laws
If, on an application for relief under this Part, the Recorder is satisfied that a by-law – was made without power; or was not made in accordance with this Act or any other requirement that should have been observed; or 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.
An order under this section may – declare the by-law to be invalid; or repeal the by-law; or reinstate any former by-law amended or repealed by the by-law in question.
An order under this section has effect in accordance with its terms.
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.
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