#28240
Jimmy-T
Keymaster

    No sooner had I posted the last time than the actual by-law that was adopted and then overturned appeared in my inbox.

    It makes interesting reading and, in my non-legal opinion, tries to cover too many bases and in so doing leaves itself wide open to being overturned in this way.

    What do you reckon?

    Special By-law- Prohibiting Illegal Uses (Including Short Term lettings)

    (1) An owner or occupier of a lot must ensure that the lot is not used for any purpose that is prohibited by law or that requires approval or authorisation of an authority or under any law without that approval or authorization.

    (2) An owner or occupier of a lot must ensure that the lot is only used as a dwelling or domicile.

    (3) An owner or occupier of a lot must not engage in any commercial activity that involves the lot being used by its occupants on a short-term basis for less than thirty (30) days.

    (4) An owner or occupier of a lot must ensure that the lot is not used for any commercial purpose that involves the lot being used by its occupants on a short-term basis for less than thirty (30) days.

    (5) An owner of occupier of a lot must ensure that the lot is not advertised or promoted for any use whichis prohibited by this by-law.

    (6) An owner or occupier of a lot must ensure that the lot is not occupied by more persons than are allowed by law to occupy the lot.

    The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.