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67H. Order revoking amendment of by-law.
(1) Where, pursuant to an application by any person entitled
to vote at a meeting of the management corporation (including a first chargee
and chargor of a parcel), the Board considers that, having regard to the interest
of all parcel proprietors in the use and enjoyment of their parcels or the common
property, an amendment or revocation of an additional by-law or addition of
a new additional bylaw should not have been made or effected, the Board may
order that the amendment be revoked, that the revoked additional by-law be revived
or that the new additional by-law be revoked.
(2) When making an order under subsection (1) in respect of
an additional by-law referred to in subsection (2) of section 44, the Board
may direct the management corporation to pay compensation to the proprietor
of the parcel adversely affected by the additional by-law.
(3) The compensation ordered to be paid under subsection (2)
is recoverable by the parcel proprietor as a debt in any court of competent
jurisdiction.
67I. Order invalidating purported by-law.
Where, pursuant to an application by any person entitled to
vote at a meeting of a management corporation (including a first chargee and
a chargor of a parcel), the Board finds that the management corporation has
made an additional by-law but that the management corporation did not have the
power to make the additional by-law the Board may make an order declaring the
additional bylaw to be invalid.
67J. Power of Board to invalidate proceedings.
(1) Where, pursuant to an application by a parcel proprietor
or first chargee of a parcel, the Board considers that the provisions of this
Act have not been complied with in relation to a meeting of the management corporation,
the Board may by order-
(a) invalidate any resolution
of, or election held by, the persons present at the meeting; or
(b) refuse to invalidate any
such resolution or election.
(2) The Board shall not make an order under subsection (1)
refusing to invalidate a resolution or election unless it considers-
(a) that the failure to comply
with the provisions of this Act did not prejudicially affect any person; and
(b) that compliance with the
provisions of this Act would not have resulted in a failure to pass the resolution,
or have affected the result of the election, as the case may be.
67K. Order varying certain rates of interest.
Where, pursuant to an application by a parcel proprietor
or any other person or body having a registered interest
in a parcel for an order under this section, the Board considers that
the management corporation for the subdivided building
or land to which the application relates has determined an unreasonable
rate as the rate of interest payable for the late payment of a contribution
levied under section 45, the Board may order that no interest be so payable
or that the interest so payable be at a rate specified by the Board instead
of the rate so determined.
67L. Order where voting rights denied or due notice of
item of business not given.
(1) Where, pursuant to an application by a person under this
section, the Board is satisfied that a particular resolution would not have
been passed at a general meeting of a management corporation but for the fact
that the applicant-
(a) was improperly denied a
vote on the motion for the resolution; or
(b) was not given due notice
of the item of business pursuant to which the resolution was passed,
the Board may order that the resolution be treated as a nullity
on and from the date of the order.
(2) Where-
(a) an order under subsection
(1) is made in respect of a resolution making an additional by-law amending,
adding to or revoking another additional by-law; and
(b) the additional by-law made
pursuant to that resolution is in force,
the additional by-law shall, subject to its having been or
being amended, added to or revoked under subsection (2) of section 44, have
force and effect on and from the date the order is so made to the same extent
as it would have had if the resolution had not been passed.
(3) An application for an order under subsection (1) may not
be made after twenty-eight days after the date
of the meeting at which the resolution was passed.
67M. Order varying the amount of insurance to be provided.
Where, pursuant to an application made by a parcel proprietor
or the chargee of a parcel, the Board considers that the amount for which the
management corporation for the subdivided building or
land concerned has insured the subdivided building
or land under subsection (1) of section 43 is not
reasonable, the Board may order the management corporation to vary that amount
to a specified amount.
67N. Board may settle disputes on the costs of repairs
etc..
The Board may, pursuant to an application by a management
corporation, a parcel proprietor or a chargee in possession of a parcel
or any other person or body having a registered interest
in a parcel, make an order for the settlement of a dispute, or the rectification
of a complaint with respect to any defects in a parcel, a subdivided building
or land and its common property or the liability
of a parcel proprietor to bear the costs of or any part thereof for any work
carried out by a management corporation in the exercise or performance of its
powers, duties or functions conferred or imposed by this Act and the by-laws
in connection with the subdivided building or land.
67O. Order to make or pursue insurance claim.
Where, pursuant to an application by a parcel proprietor,
the Board considers that the management corporation for the subdivided building
or land to which the application relates has unreasonably
refused to make or pursue an insurance claim in respect of damage to the building
or land or any other property insured by the management
corporation under this Act, the Board may order the management corporation to
make or pursue the claim.
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