PMC2 said..
I feel I must disagree with your interpretation as Strata Law does not override Common Law.
I should probably have allowed Jimmy to respond first, but as I’m involved in the discussion albeit more deeply than I envisaged, and at the risk of using a sledgehammer to crack a nut (or ongoingissue‘s tiles), may I instead make some observations.
If a State / Legislated Law can be overridden by a Common Law, then how in the context of trespass can police enter a private residence if they reasonably suspect the commissioning of a crime, how can a raft of Federal, State, and Local Government representative enter private premises for the purpose of making inspections or carrying out their duties, and how can an Owners Corporation access its property in an emergency or otherwise when that must be by necessity through private property?
I’m sure I’ll be corrected if I’m wrong here, but I was of the opinion that Common Law can only applied by a Court, and only then in circumstances where a relevant State / Legislated Law was deemed insufficiently specific to the particular matter under consideration.
Hence, any Law made by the peoples’ elected representatives such as the NSW Strata Schemes Management Act (1996), is the “strongest” Law, and that it overrides Common Law except in a situation of ambiguity, or where the matter is ill-defined in the relevant Act; where in ongoingissue‘s situation Sect 65 is most definately not (ill-defined).
Let my further education begin…..