(1) Where, pursuant to
an application by a person under this section, the State Administrative
Tribunal is satisfied that a particular resolution would not have been passed
at a general meeting of a strata company but for the fact that the
improperly denied a vote on the motion for the resolution; or
not given due notice of the item of business pursuant to which the resolution
Administrative Tribunal may order that the resolution be treated as a nullity
on and from the date of the order.
(2) An application for
an order under subsection (1) may not be made later than 30 days
after the day of the meeting at which the resolution was passed.
(3) Where —
order under subsection (1) is made in respect of a resolution making a
by-law or amending or repealing a by-law; and
by-law made or amended by that resolution is in force; and
order is recorded as provided by section 115,
the by-laws shall,
subject to their having been or being amended, added to or repealed under
section 42 and to any order with respect to the order under
subsection (1) made by a superior court, have force and effect on and
from the date the order is so recorded to the same extent as they would have
had if the resolution had not been passed.
[Section 100 amended: No. 55 of 2004
s. 1156(1) and (3).]