Friday, May 20, 2022

Strata Schemes Management Act 2015 No 50

Part 7
Division 3
Section 143

Requirements and effect of common property rights by-laws | Section 143

(1)  An owners corporation may make a common property rights by-law only with the written consent of each owner on whom the by-law confers rights or special privileges.


Any addition to the by-laws will require a special resolution (see section 141).

(2)  A common property rights by-law may confer rights or special privileges subject to conditions specified in the by-law (such as a condition requiring the payment of money by the owner or owners concerned, at specified times or as determined by the owners corporation).

(3)  A common property rights by-law may be made even though the person on whom the right of exclusive use and enjoyment or the special privileges are to be conferred had that exclusive use or enjoyment or enjoyed those special privileges before the making of the by-law.

(4)  After 2 years from the making, or purported making, of a common property rights by-law, it is conclusively presumed that all conditions and preliminary steps precedent to the making of the by-law were complied with and performed.

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Disclaimer: Reproduced from the Strata Schemes Management Act 2015 . This website does not give legal advice or other professional advice. You should seek legal or other professional advice before acting and not rely on any of the content on this website.

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