UNIT TITLE SCHEMES ACT 2009 (NO 14 OF 2009) - SECT 95 By-laws of a scheme

UNIT TITLE SCHEMES ACT 2009 (NO 14 OF 2009) - SECT 95

    (1)     Subject to any by-law specified in the scheme statement of a scheme, Schedule 2 has effect as the by-laws of the scheme.

Note for subsection (1)

This means Schedule 2 serves as the by-laws of a scheme whose scheme statement does not specify any by-laws. It also means the scheme statement may vary a provision of Schedule 2 and set out additional by-laws.

    (2)     The scheme statement may specify a by-law in relation to:

    (a)     the obligations and rights of the body corporate, unit owners and unit occupiers relating to the use or control of 1 or more of the following:

        (i)     the scheme land;

        (ii)     the body corporate assets;

        (iii)     services and amenities provided by the body corporate; and

    (b)     a matter for which a by-law may make provision under this Act.

    (3)     A by-law is invalid to the extent to which it:

    (a)     is inconsistent with this Act or another law in force in the Territory; or

    (b)     unlawfully restricts the use of a unit; or

    (c)     unlawfully prevents or restricts a transaction relating to a unit; or

    (d)     unlawfully discriminates against a unit owner or unit occupier.

    (4)     This Act does not require the member schemes of a layered scheme to have the same by-laws.