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[gwyn]

In a post on another topic  Jimmy T stated:   ” any attempt to formalise the arrangement through by-laws could be challenged (as you can’t create a by-law that supersedes a superior law).”

We passed a By Law at our last AGM which in effect stated that each Owner of a lot in our complex (7 free-standing and separate villas)  is responsible for all the repair/maintenance/upkeep etc of anything in their own lot.  In other words, repairs to roofs, gutters, external painting etc would be paid for by the relevant owner, not the OC.  However, the new By Law still seems to give the Strata Committee the right to enter the lot and determine certain controls. 

As this By Law seems to supersede what is covered in Strata Law, do you think it has legal standing?   The By Law has now been registered.

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[Sir Humphrey]

I am not sure for whichever state you are in but it is likely that the relevant strata legislation allows a committee member to enter a unit in certain tightly circumscribed situations. Examples might include:

-to investigate a suspected breach of rules after having given reasonable notice, or

-in an emergency, without notice. Eg. if water is gushing from a unit and threatening to do damage to another unit or the common property and the unit owner cannot be contacted. 

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[gwyn]

Thanks Sir Humphrey: I understand the points you make about entry to a Lot.  But my main query relates to the part of the new By Law that states each Lot Owner is responsible for the repair/maintenance of things in their own Lot that would normally be paid for by the OC:  for example, exterior painting, repairs to roof, gutters, cracks (or worse) in the building structure, etc.   As these sort of things are normally paid for by OC under strata law, can this new By Law supersede strata law by stating it should now be paid by each Lot owner?Thank you. 

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