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[MiniMinorAl]

I own and live in a unit in a building in NSW which includes a commercial property.

The owner of the commercial lot has drafted a By Law for sole use of some common property. I support the proposed by law except except that it contains one paragraph which gives the owner and tenant permission to use the property in a way which contradicts one of the requirements of the DA consent.

 I am on the committee of the owners corporation so I wrote to the committee and Strata Manager to point out which section of the DA consent is being contradicted by this paragraph. But the proposed by law went out with the AGM papers containing this paragraph.

I want the by law to be passed but I do not want it to it to include changes to the DA requirements for the business.

My questions are:

Now that the draft by law is in the AGM papers is there anything I can do at the AGM or before then to have this paragraph changed or removed? 

Can a DA requirement be overridden or removed by a strata by law?

Are there legal consequences for the owners corporation if a by law is passed which doesn’t meet DA requirements?

If the by law is passed and this paragraph is subsequently found to be invalid who would bear the costs of rectifying the works done by the tenants based on this by law?

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