Topic: Can by-law approval be backdated?

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25/11/2021 at 9:56 am #60267 Reply | Quote
Charlie19
Flatchatter
Just a quick question- if a new by law is added into your strata scheme, can it be backdated?

Our strata scheme is asking for a new by law related to entry to each lot whereby any changes to door locks must get strata approval. This is new and so if a lot owner has changed their lock using the locksmith that the strata company use, does it mean that the lot owner is liable now for replacement door because they did not get strata approval. The lock was changed three years ago.
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25/11/2021 at 12:02 pm #60269 Reply
scotlandx
Flatchatter
I think what you mean is can the by-law be retrospective, so in this case a previous change to a door lock would effectively be in breach of the proposed by-law.

The answer to that is no, because the change to the lock occurred before the by-law. It would be nonsensical to say that someone breached a by-law that wasn’t in existence.

One way of clarifying the operation of the by-law is to say that as at the date of the implementation of the by-law, any existing locks are the responsibility of the OC.

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Reply To: Can by-law approval be backdated?

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