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.