#55855
Jimmy-T
Keymaster

    By-laws can’t operate if they contradict or contravene a superior law (and all laws are superior).

    Section 651b of the NSW Local Government Act says this:

    Immobilisation of vehicles

    (1)  A person must not immobilise a vehicle owned by any other person by means of wheel clamps, or by means of any other device prescribed by the regulations, except with the consent of that other person. Maximum penalty—20 penalty units.

    FYI, 20 penalty units is $2200 .
    So this is why the owners corp is trying to push through a by-law that requires lot owners to demand that their tenants sign an agreement that they will allow the OC to clamp their car.  And it seems it is intended to restrict the opportunities for independent owners to let their properties without using the in-house agent.
    So, to backtrack slightly on my previous comment that owners corporations can set by-laws with reasonable conditions, this proposed by-law would seem to be “harsh, unconscionable and/or oppressive”.
    It would also seem to contravene the provision in the act that “no by-law is capable of operating to prohibit or restrict the devolution of a lot or a transfer, lease, mortgage or other dealing relating to a 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.