Beware the ratchet effect of bad by-laws
A ratchet is a brilliantly simple piece of engineering: easy to turn in one direction – almost impossible to go the other way. The “ratchet effect” when applied to by-laws,…
By-laws & Rules
By-laws and rules (in Victoria) are the regulations that, generally speaking, we are allowed to set ourselves to moderate our behaviour in our communities.
But they are open to challenge. And what do you do if they are simply ignored?
NB: Some of these earlier posts may be out of date – please check – and the reference to by-laws may be in a longer post about another issue.
Back to the bad old days as by-laws balked
I hate to say it, but it seems we’re heading back to the bad old days of the CTTT when it comes to our strata tribunal (NCAT). According to an…
Have anti-pet by-laws been binned by NCAT?
There’s been a lot of fluff and kerfuffle around the recent publishing of an NCAT decision from earlier this year concerning a little dog called Baxter and an owners corp…
NCAT Member rules ‘no pets’ by-laws invalid
Did you know that earlier this year a NSW Civil and Administrative Tribunal (NCAT) Member ruled it was harsh, unconscionable and oppressive to have a by-law banning animals? Now, admittedly, this…
‘Business as usual’ for Airbnb by-laws, says strata lawyer
With the announcement two weeks ago that legislation is going to be changed, allowing owners corporations to pass by-laws forbidding owners from listing their entire apartments on holiday letting websites,…
Hypothetical: Are Airbnb by-laws worth a legal battle?
Things had gone quiet on the Airbnb front, with both NSW and Victorian policy wonks scribbling away on new legislation to deal with online short-term letting. But thanks to one…
Four out of five lawyers say yes to Airbnb by-laws
Towards the end of last year, NSW Fair Trading ruled – or, at least, stated since they don’t get to make or interpret the law – that Owners Corporations in…
The copy-cat trap: paying for cut and paste by-laws
Imagine you have commissioned a photograph of your apartment block from a local artist and they come up with a beautiful image that shows the building to its best…
Airbnb: ‘It’s about planning – not by-laws’
DR Cathy Sherry of the Law department of UNSW was quoted in the Privy Council findings. Ironically, she doesn’t think allowing by-laws to restrict holiday lets is not the answer.…
Knotted no more – but are by-law fines enough?
Finally, I get it. Yes, there is no longer a financial penalty for ignoring an NCAT order relating to a by-law breach. However, that doesn’t mean that repeat offenders are free…
By-laws review: Beware the rusty ratchet effect
Tucked away near the end of the new strata laws that came into force in NSW almost a year ago is a requirement which is being widely ignored but should…
Roundup: Clock ticking on your compulsory by-law review
Have you completed your by-laws review yet? What do you mean “what by-law review?” The NSW strata laws that came in last November gave all owners corporations exactly one year…