Queensland Consolidated Acts

BUILDING UNITS AND GROUP TITLES ACT 1980 - SECT 88

88 Order revoking amendment of by-law or reviving repealed by-law

(1) Where, pursuant to an application by any person entitled to vote at a meeting of the body corporate (including both a first mortgagee and a mortgagor of a lot) for an order under this section, the referee considers that, having regard to the interest of all proprietors in the use and enjoyment of their lots or the common property, an amendment or repeal of a by-law or addition of a new by-law should not have been made or effected, the referee may order that the amendment be revoked, that the repealed by-law be revived or that the additional by-law be repealed.

(2) An order under subsection (1) , when recorded under section 112 , has effect, subject to any order with respect thereto made by a superior court, as if its terms were a by-law.

(3) The provisions of this section do not apply with respect to a by-law made or deemed to be made pursuant to section 30 (7) .