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@ccbaxter said:
JimmyT, I just wanted to double check please. I believed until now, a by-law came into force straight away when it was voted in. Are you sure you’re right and it has to be registered before it’s in force, as you say? Two years is a ridiculously long time, eh!
Strata Act Part 5, Division 3
48 What steps must an owners corporation take to make an amendment effective?
(1) An amendment or repeal of a by-law or, a new by-law, has no force or effect until:
(a) the owners corporation has lodged a notification, in the form approved under the Real Property Act 1900 , in the Registrar-General’s office, and
(b) the Registrar-General has made an appropriate recording of the notification in the folio of the Register comprising the common property.
(2) A notification cannot be lodged in the Registrar-General’s office more than 2 years after the passing of the resolution for the amendment, repeal or new by-law.
And your “common law principle called something like fraud against a minority which basically concerns a majority of owners having legitimately (under the law) chosen a course of action which discriminates against a minority” is a great piece of information. Any chance of you elaborating on this please?
There’s an excellent article on this by our legal sponsors Makinson & d’Apice on page 6 of THIS document.