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Ingrid said:
Getting back to tors, under the Strata Schemes Management Act, Part 5 Bylaws, Section 43, Clause 4 it states “A by-law has no force or effect to the extent that it is inconsistent with this or any other Act or law.” So by-laws that allow clamping would not be legal under the current strata legislation in NSW.
I can see exactly where you're coming from. However, as I've said elsewhere, the law allows for clamping if the car's owner gives permission.
The question is, does a by-law (agreed on by at least 75 percent of owners at a meeting) consitute “permission”? If it doesn't, you are right – you can't have a by-law that contravenes state law. But if the by-law does imply legally enforceable permission, then surely the by-law stands.
Somewhere in the depths of strata law there's a concept that members of the owners corporation are bound by the legitimately agreed by-laws of the owners corporation. Is that “permission?
I really don't know and until it's tested in the CTTT or Supreme Court, then you might as well try the by-law. Legal or not, it works in the buildings that have it – and I know at least one that was drawn up by a strata lawyer – so why not give it a spin? After all, the law has left us with precious few alternatives.