› Flat Chat Strata Forum › Talkin’ ’bout a renovation › Can a by-law be reversed? › Current Page
@PeterC said:
Do you need the owner’s permission to reverse a special privilege? In the ACT (which might well be different) it requires a special resolution to rescind a special privilege over common property with no mention of needing agreement from the owner with the special privilege.
In a word … yes. Presumably its to stop people having to undo changes they’ve been allowed to make when a new bunch of owners decised they’ve changed their minds. This is what the NSW Act says:
52 How does an owners corporation make, amend or repeal by-laws conferring certain rights or privileges?
(1) An owners corporation may make, amend or repeal a by-law to which this Division applies, but only:(a) with the written consent of the owner or owners of the lot or lots concerned and, in the case of a strata leasehold scheme, the lessor of the scheme, and
(b) in accordance with a special resolution.