@Miniminoral said:
Now that the draft by law is in the AGM papers is there anything I can do at the AGM or before then to have this paragraph changed or removed?
Yes. You can propose an amendment which, provided it doesn’t alter the basic intent of the motion, can be passed before the by-law is voted upon
Can a DA requirement be overridden or removed by a strata by law?
No. By-laws can’t contravene superior law and planning regulations are superior law.
Are there legal consequences for the owners corporation if a by law is passed which doesn’t meet DA requirements?
The by-law can be challenged on this basis and deregistered.
If the by law is passed and this paragraph is subsequently found to be invalid who would bear the costs of rectifying the works done by the tenants based on this by law?
The owners corp becomes liable for any costs in rescinding and redrafting the defective by-law. You could argue that committee members who supported the defective by-law after being told it was defective had not acted in good faith and so should pay some of the costs. But more likely the costs would fall to the Owners Corp and the benefitting lot owners if they have been informed that their by-law is defective and ignored the advice.
As it should be a poll vote, you will know who voted for and against the defective by-law so then you can try to get Tribunal orders so that only the people who voted for it, in full knowledge that it was defective, have to pay for fixing it.