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NB: This post was originally part of another, mostly unrelated thread .
webman wrote:
My building recently made a contribution to a “fighting fund” which was part of a campaign to allow owners corporations to pass and enforce by-laws without them being overturned in court as being discriminatory because one person or a minority disagreed with them.
By-laws like this for example, it is from the company title time of a development that went strata a few years after this by-law was passed by the AGM. No surprise it was never registered but it does show what happens of we are going to let SPs make their own rules.
We the registered unitholders of ***** ***** , recognize that the cultivation of and dealing in Marijuana is an illegal activity which may harm community interests, depending on the size of the crop and the location of it. It is proposed therefore that in addition to the law of the land the community protects its spirit by the following agreement:-No person has the right to intrude upon someone else’s individual unit, but it is recognized that anyone who deals in the plant for sale or who grows more than seven plants on their unit 1.<sup>-</sup>Lay harm community interests.
Anyone who grows a crop of plant on [company land] will be fined a minimum of S500 plus $100 for each plant. The unit or units will subsequently he tut up for publiC auction and the fine wii) be subtracted from the proceeds of hae sale. Any remaining money will be refunded,
Anyone found to have grown a crop which harms community interests or to have dealt in the plants for sale will have their units checked by the Board of Directors or its delegates, for a period of no less than three years after the offence no less than twice per year
Anyone found to have dealt in Marijuana for sale no matter whether homegrown or imported, or to have grown a crop which harms community interests, will on the second offence before the community tribunal, will have their names placed in ballot of all registered unit holders for removal on the grounds of objectionable behaviour.
The community tribunal will sit in judgement on each case to determine the validity of the charges the weight of athe evidence and the severity of the of offence
Tribunal hearings will be open and recommendation made by it to be approved by the Trustees,