david18xx said:
But with the new laws coming in about the compulsory enforcement of by-laws, one can argue that the letter of the by-law be enforced (or CTTT enforced) which goes further than the Regulation.
The regulation states – Restricting the playing of loud musical instruments and sound systems that disturb neighbours after 10 pm Sunday to Thursday, rather than after 12 midnight.
The fact that it disturbs neighbours at all (and at any time) would be in the by-laws.
Hi David,
I think you will find that by-laws are the bottom rung as far as enforceable rules go. That is to say by-laws are subordinate to just just about everything else, including regulations.
For example an OC cannot pass a by-law or adopt a by-law that infringes on anything in the Strata Schemes Management Regulation; just as some strata by-laws cannot infringe on some other state regulation. Imagine if by-laws could over ride regulations; take a look at the SSMR; see anything you do not like then just pass a by-law to make the regulation “obsolete”.
s43 SSMA (4) A by-law has no force or effect to the extent that it is inconsistent with this or any other Act or law.
If the idea is that any noise that disturbs any neighbor becomes a breach of an enforceable by-law then the whole thing just becomes unworkable.