#13737
Jimmy-T
Keymaster
Chat-starter

    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.

    The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.