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09/05/2012 at 3:21 pm
#15489
There is a little known and little understood section, section 44, of the Strata Schemes Management Act, which provides to the effect that the bylaws are also a contract between owners and tenants. So, if anyone breaches a bylaw, then technically, they are also breaching a contract which any other owner or tenant could sue for damages on if they can prove they suffered a loss as a result of the breach.
However, I am unaware of any cases on section 44.
