#12353

This is a very strange by-law amendment, especially since the owners corporation have included conditions in the animals by-law on bicycles which are clearly not pets.

Section 43 of the Strata Schemes Management Act 1996 (SSMA) states what by-laws can provide for –

43 What can by-laws provide for?

(1) By-laws may be made in relation to any of the

following:

safety and security measures

details of any common property of which the use is

restricted

the keeping of pets

parking

floor coverings

garbage disposal

behaviour

architectural and landscaping guidelines to be

observed by lot owners

matters appropriate to the type of strata scheme

concerned.

(2) Subsection (1) does not limit the matters for

which by-laws may be made.

(3) The regulations may prescribe model by-laws which

may be adopted as the by-laws for a strata scheme.

(4) A by-law has no force or effect to the extent that

it is inconsistent with this or any other Act or law.

This by-law, on its face, may be challenged under section 159 of the SSMA as being invalid to the extent that it restricts lot owners from keeping their bicycles in their premise, however the by-law may be able to restrict a lot owner from using their bicycles on or in common property areas.