Superseding Strata law

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  • 24/01/2018 at 10:00 am #11548 Reply | Quote
    gwyn
    Flatchatter

      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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    Reply To: Superseding Strata law
    PLEASE ... If your property is not in NSW, mention its location (state). Don't identify companies or individuals by name. Don't mention or promote your company or services. Keep acronyms and initials to a minimum. Please, don’t use “quote” unless there is a specific point to which you wish to refer, then highlight (define) that specific passage before you click on "quote". Otherwise just use reply. THANKS.

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