Topic: Does a By-Law over-ride a covenant attached to the Title? – FLAT CHAT

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21/03/2017 at 5:32 pm #10992 Reply | Quote
onyx
Flatchatter
Our Strata Complex is made up of 6 different stages therefore 6 different strata plans with one overall plan. The complex was built back in 1986. A villa in our complex is up for sale but on inspection there has been found that a covenant is attached to the title that an owner or occupier cannot be under the age of 50. In about 1989 a by-law was raised to allow a purchaser to be under 50 yrs of age but an occupier must be over 50. My question is.. does a registered by-law over-ride the covenant, as we have a number of owners under the age of 50 that are “investors”. If it does not what is the way forward.

Thank you for your help.
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Reply To: Does a By-Law over-ride a covenant attached to the Title?

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