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I am looking to buy an apartment and have noticed a strange amendment to the by-laws. It reads:
You must not keep any animal (e.g. dog-cat, etc.,) on premises (exception Guide Dog). Further, no bicycles are to be allowed on premises either in your lot or the common area.
I can understand restricting pets, but bikes?
Can the Owners Corporation really stop me keeping an inaminate object in my bedroom?
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Are you buying into an apartment complex? Perhaps this amendment came about because people would wheel their bikes in and leave marks along corridors or leave bikes outside in corridors, take up space in lifts.
Generally I have found that amendments to bylaws come about to protect a complex from repairs/upkeep from residents thinking they don't need to take care because someone else will pay for it!
There would have to be a reason for it – a result of events that have taken place previously. Perhaps you should enquire further.
This is a very strange by-law amendment, especially since the owners corporation have included conditions in the animals by-law on bicycles which are clearly not pets.
Section 43 of the Strata Schemes Management Act 1996 (SSMA) states what by-laws can provide for –
43 What can by-laws provide for?
(1) By-laws may be made in relation to any of the
following:
safety and security measures
details of any common property of which the use is
restricted
the keeping of pets
parking
floor coverings
garbage disposal
behaviour
architectural and landscaping guidelines to be
observed by lot owners
matters appropriate to the type of strata scheme
concerned.
(2) Subsection (1) does not limit the matters for
which by-laws may be made.
(3) The regulations may prescribe model by-laws which
may be adopted as the by-laws for a strata scheme.
(4) A by-law has no force or effect to the extent that
it is inconsistent with this or any other Act or law.
This by-law, on its face, may be challenged under section 159 of the SSMA as being invalid to the extent that it restricts lot owners from keeping their bicycles in their premise, however the by-law may be able to restrict a lot owner from using their bicycles on or in common property areas.
stratahound said:
I am looking to buy an apartment and have noticed a strange amendment to the by-laws. It reads: You must not keep any animal (e.g. dog-cat, etc.,) on premises (exception Guide Dog). Further, no bicycles are to be allowed …
Sounds like this building has had trouble with people wheeling their bikes throughthe lobby and/or storing them on their balconies.
Less worrying than the bike issue, I would be more concerend that you have discovered evidence of StrataNazis at work. It may be perfectly resonalble to ask people not to wheel their bikes across common property or soore them on balconies but to ban them from the building? If there is no adequate bike storage area where you can leave your bike safely, and this by-law is a recent innovation, you have to ask yourself what living with neighbours like that would be like. On your bike, say I.
The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.
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