(1) If a by-law for a community titles scheme is inconsistent with this Act
(including a regulation module applying to the scheme) or another Act, the
by-law is invalid to the extent of the inconsistency.
(2)
Subsection (1) does not apply to an inconsistency between a by-law and a local
law or PDA by-law if the inconsistency is about keeping animals on
scheme land.
(3) If a lot may lawfully be used for residential purposes, the
by-laws can not restrict the type of residential use.
(4) A by-law can not
prevent or restrict a transmission, transfer, mortgage or other dealing with a
lot.
Examples—
1 A by-law can not prevent the owner of a lot from leasing
or mortgaging a lot.
2 A by-law can not prevent the sale of a lot to a person
under or over a particular age.
(5) A by-law must not discriminate between
types of occupiers.
Example—
A by-law can not prevent a tenant from using a
pool on the common property.