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STRATA TITLES ACT 1998 - SECT 91 Limitations on by-law making power

STRATA TITLES ACT 1998 - SECT 91

Limitations on by-law making power

(1)  Subject to subsection (2) , a by-law cannot –
(a) modify a statutory easement or prohibit or restrict the enjoyment of a statutory easement; or
(b) restrict an owner's right to use, 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 a disclosure statement or management statement included in the scheme.
(2)  A by-law may impose a minimum term (not exceeding 6 months) for the letting of lots.
(3)  A by-law is void if –
(a) it is unreasonable; or
(b) it adversely and unfairly discriminates against any owner or occupier of a lot; or
(c) it adversely affects the health, welfare or safety of any person; or
(d) it is inconsistent with the provisions of a scheme.