South Australian Consolidated Acts

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COMMUNITY TITLES ACT 1996 - SECT 38

38—Certain by-laws may be struck out by Court

        (1)         A by-law that—

            (a)         reduces the value of a lot; or

            (b)         unfairly discriminates against the owner of a lot,

may be struck out by order of the Magistrates Court or the District Court on an application made under Part 14.

        (2)         An application referred to in subsection (1) can only be made by the person who owned the lot when the by-law came into force and must be made within three months after the owner (or either or any of the owners where the lot is owned by two or more persons) first knew, or could reasonably be expected to have known, that the by-law had been made.



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