Section 95

Where, pursuant to an application by any person entitled to vote at a meeting of the management corporation (including both a first mortgagee and a mortgagor of a lot), a Board considers that, having regard to the interest of all subsidiary proprietors in the use and enjoyment of their lots or the common property, an amendment or revocation of a by-law or addition of a new by-law should not have been made or effected, the Board may order that the amendment be revoked, that the revoked by-law be revived or that the additional by-law be revoked.

When making an order under subsection (1) in respect of a by-law referred to in section 41(3), a Board may direct the payment by the management corporation of compensation to the subsidiary proprietor of the lot referred to in the by-law.

A payment ordered to be made under subsection (2) is recoverable by the subsidiary proprietor as a debt in a court of competent jurisdiction.