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What by-laws are typically invalid?

Posted 20 May 2024

Category: By-Laws, eBooks

  • By-laws that authorise owners corporation’s to recover costs governed by other legislation, such as, costs incurred in a court or Tribunal, where it is up to that court or Tribunal to make such an order, such as, levy recovery or compliance with by-laws.
  • By-laws that place a blanket prohibition on keeping of pets, albeit there are a few exceptions where such a by-law could be valid e.g. short term letting scheme.
  • By-laws to prohibit a lot being used for the purposes of a short term rental accommodation arrangement if the lot is the principal place of residence of the owner.
  • By-laws that allow an owners corporation to deactivate access devices where it is suspected that someone is breaching a by-law.
  • By-laws prohibiting flooring other than carpet and underlay.
  • By-laws which seeks to restrict works to common property that do not comply with the cosmetic works or minor renovations provisions found in the Strata Schemes Management Act 2022.
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This is an extract from our Bannermans By-Laws FAQ eBook.

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Bannermans Lawyers

Published 20 May 2024