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COMMUNITY TITLE ACT 2001 - SECT 49 Limitations on by-law making power

COMMUNITY TITLE ACT 2001 - SECT 49

Limitations on by-law making power

    (1)     A by-law cannot—

        (a)     change a statutory easement or prohibit or restrict the enjoyment of a statutory easement; or

        (b)     restrict an owner's right to deal with or dispose of a lot unless the restriction—

              (i)     is necessary to preserve the character of the scheme; and

              (ii)     is made in accordance with the management statement of the scheme.

    (2)     However a by-law may impose a minimum term (not longer than 6 months) for the letting of lots.