› Flat Chat Strata Forum › By-laws and outlaws › By-law to allow Airbnb guests’ vehicles to be wheel-clamped › Current Page
Jimmy thanks for your feedback. With reference to the specific by law on non resident owners, I take your point.
As to other by laws, earlier I wrote that I understood from a lawyer last year that an OC or SC is not compelled to enforce a by law or by laws if it so chooses. I don’t have my colleague’s reasons for that opinion with me, but a search today online reveals the view on by laws by another law firm:
Understand why your strata committee may refuse to act:
The strata committee must enforce the by-laws if they “reasonably believe” there has been a breach. The committee or body corporate may have to demonstrate that it is reasonable in the circumstances of the alleged breach to not enforce the by-laws. They should provide clear reasons regarding their decision to the affected owners and examine the effectiveness of the by-laws.
See https://picagroup.com.au/article/library/breaking-by-laws-strata/
This was in relation to noise from builders renovating a unit in the strata (outside allowed times for work) which greatly disturbed others.