#24954
Aitch
Flatchatter
Chat-starter

    Can a registered by-law under the Strata Schemes Management Act overrule the provisions of the Strata Schemes (Freehold Development) Act? 

    Specifically, the registered Strata Plan defines ownership of parts of the complex between Lot owners and the Owners Corporation. If an element (say a pergola) is owned by the Lot owner according to the registered Strata Plan, can a by-law be used to effectively transfer ownership and hence responsibility for that pergola to the owners corporation thereby having the latter become responsible for the maintenance (repair, painting, replacement when necessary) of that pergola using owners corporation funds?