› Flat Chat Strata Forum › Common Property › By-law used to charge owner for childproof window locks › Current Page
I have noted two special by-laws registered on a Strata Plans which are clearly invalid.
One, created in 2010 relates to the keeping of animals in Lots, and is contrary to s137B “Keeping of Animals” (SSMAct 2015)
The second is relates to maintenance of Child safety window devices and places the cost of maintenance on the Lot owner and not the Owners corporation. This is invalid as it is at odds with recommendation 113 in the report on the statutory review of Strata Schemes Development Act and Strata Schemes Management Act 2015, which states:
“Clarify the provisions on window safety devices in the Management Act to make it clear it is an owners corporation responsibility to ensure that the devices are maintained”
I am doubtful the current Strata Manger and committee will take any action to repeal these by-laws any time soon, and it may require a motion by a lot owner to be put at the next AGM.
Does such a motion require a 75% majority for a repeal or just a simple majority.
The other alternate is lodge a dispute and start mediation / take tribunal action, which is the least desired option.