New South Wales Consolidated Acts

COMMUNITY LAND MANAGEMENT ACT 2021 - SECT 135

135 Requirements for association property rights by-laws

(1) An association property rights by-law must not be made or changed--

(a) during the initial period for the community scheme, precinct scheme, neighbourhood scheme or strata scheme affected, or

(b) without the written consent of each person entitled by the by-law to use the restricted property.

(2) The consent under subsection (1)(b) of an association or a strata corporation must be given by special resolution.

(3) An association property rights by-law may confer rights or special privileges subject to conditions specified in the by-law (such as a condition requiring the payment of money by the owner or owners or association or associations concerned, at specified times or as determined by the association).

(4) An association property rights by-law may be made even though the person on whom the right of exclusive use and enjoyment or the special privileges are to be conferred had that exclusive use or enjoyment or enjoyed those special privileges before the making of the by-law.

(5) An association property rights by-law must include the following--

(a) a description of the property to which it applies,

(b) details of the persons entitled to use the property,

(c) the terms and conditions on which those persons may use the property,

(d) particulars relating to access to the property and the provision and keeping of any key necessary,

(e) particulars of the hours during which the property may be used,

(f) provisions relating to the maintenance of the property,

(g) matters relating to the determination, imposition and collection of levies on those entitled to use the property.

(6) After 2 years from the making, or purported making, of an association property rights by-law, it is conclusively presumed that all conditions and preliminary steps precedent to the making of the by-law were complied with and performed.