It is interesting that it is rather true a SP can have a raft of unenforceable by-laws on their books when we often see in NCAT matters applicant’s claiming they bought in because of some particular by-law. People rely on the integrity of by-laws but it seems there is no obligation for those by-laws to have any integrity.
I too laboured for many years under the misapprehension that a by-law could not be registered if it was invalid. I would amend that “could” to “should”, as there is nothing to stop a bad by-law being registered, although debating, registering and ultimately defending it at the tribunal is a waste of considerable amounts of time and money.
The Act is very clear on this. Section 136(2), Matters by-laws can provide for, says this:
A by-law has no force or effect to the extent that it is inconsistent with this or any other Act or law.
In other words, register as many invalid by-laws as you like but don’t be surprised if, when you try to enforce them, an owner or tenant challenges them, and the Tribunal bounces them, saying they don’t have any “force or effect” because they are inconsistent with strata or any other law.
And any strata manager who leads you up that particular garden path should be asked to explain why that doesn’t breach the duty of care in their code of conduct, if not in their contract.