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@Kangaroo said:
In fact, there’s nowhere in the SRTA which requires the tenant to obey the strata By-Laws. A big failing!
The SSMA section 44(2) seems to oblige tenants to obey the By-Laws, but what tenant has ever read the SSMA?
Section 44 (below) quite clearly requires tenants or lessees (and sub-lessees, for that matter) to abide by the by-laws. Ignorance of the law is no defence and the residential tenancy agreement highlights whether or not there are by-laws.
Here’s what section 44 says (my emphasis):
44Who is required to comply with the by-laws?
(1) The by-laws for a strata scheme bind the owners corporation and the owners and any mortgagee or covenant chargee in possession (whether in person or not), or lessee or occupier, of a lot to the same extent as if the by-laws:
(a) had been signed and sealed by the owners corporation and each owner and each such mortgagee, covenant chargee, lessee and occupier, and
(b) contained mutual covenants to observe and perform all the provisions of the by-laws.
(2) There is an implied covenant by the lessee in a lease of a lot or common property to comply with the by-laws for the strata scheme.
(3) In this section, lessee means, in relation to a lot in a strata leasehold scheme, a sublessee of the lot.
In other words, if you live in a strata scheme – whether as an owner, a renter or a room-mate – you are obliged to obey its by-laws, as if you had sat down, read them and signed off on them yourself.
However, there is a grey area which I am currently investigating – does non-compliance with by-laws constitute a breach of the lease agreement?
We’ve always said it does, and reading the residential tenancy agreement seems to suggest as much, albeit indirectly, but it’s not spelled out.
We’ll keep you posted.