New South Wales Consolidated Acts

COMMUNITY LAND MANAGEMENT ACT 2021 - SECT 130

130 Restrictions on by-laws for association schemes

(1) By-law cannot be unjust A by-law for an association scheme must not be harsh, unconscionable or oppressive.

Note--: The by-law may be invalidated by the Tribunal (see section 140).

(2) By-law cannot prevent dealing relating to lot No by-law of an association scheme is capable of operating to prohibit or restrict the devolution of a lot or a transfer, lease, mortgage or other dealing relating to a lot.

(3) By-law resulting from order cannot be changed If an order made by the Tribunal under this Act has effect as if its terms were a by-law of an association scheme, that by-law is not capable of being amended or repealed except by a by-law made in accordance with a unanimous resolution.

(4) By-law cannot restrict children A by-law of an association scheme has no force or effect to the extent to which it purports to prohibit or restrict persons under 18 years of age occupying a residential lot.

(5) Subsection (4) does not apply to a by-law for a scheme for a retirement village (within the meaning of the Retirement Villages Act 1999 ) or housing exclusively for aged persons.