@Merrick N Sniper said:
Hi all in this topic thread. Just found this.Senior Lecturer in Law, University of NSW, Cathy Sherry said in article about the current Strata Titles Act (NSW) entitled ‘How Indefeasible is Your Strata Title? Unresolved Problems in Strata and Community Title’:
Section 52, SSMA provides that an owner’s corporation may make, repeal or amend an exclusive‐use or special privileges by-law with a special resolution and ‘the written consent of the owner or owners of the lot or lots concerned’. Section 54 SSMA stipulates that such a by‐law must provide for the maintenance of the area by specifying if the owner’s corporation will continue to be liable for its maintenance and repair or imposing that obligation on the lot owners concerned. An exclusive‐use by‐law that fails to do so is invalid.
It’s pretty much what I said (in Post 6) so thanks for the confirmation. For those encountering the word “indefeasible” for the first time (like me), the “indefeasibility of title”, according to Sackville and Neave’s Property Law Cases and Materials, means that “the [State Lands] register is the definitive record of all land interests, and thus, the registered proprietor is immune to claims contrary to the register.”