#28993
Jimmy-T
Keymaster
Chat-starter

    The state of play is that Fair Trading are still insisting that such by-laws are invalid (but they have zero legal standing in a court of law) and an entry-level NCAT tribunal – which does NOT create legal precedents – struck down one specific by-law in one building.

    On the other hand, the Supreme Court of West Australia and the five Law Lords of the Privy Council in the UK (ruling on a law identical to ours) said by-laws were valid. Both of these decisions would be presented for due consideration in any legal action here in NSW.

    Sooner or later, someone is going to get a definitive ruling in a court in NSW. In the meantime, you could challenge the by-law on the grounds that the owners corp can’t create a by-law that violates your rights under the terms of Section 163 (the one that was ruled on in WA and the UK).

    Then it depends how savvy your fellow owners are.  If they are scared of any litigation about anything, you will prevail.  If they are determined to nip a problem in the bud (or even earlier, in your case) the owners will still push the by-law and let a higher power decide whether or not it’s valid when someone like you challenges it.

    Personally, I think we get so many benefits from being part of a community that sacrifices of our “rights” are all just part of the trade-off. You don’t have absolute right to do what you want with your property in strata – as you would discover if 75 percent of your neighbours agreed to sell the whole block to a developer, whether or not you wanted to. 

    So best of luck with your efforts but, nothing personal, I hope you fail.

    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.