New South Wales Consolidated Acts
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STRATA SCHEMES MANAGEMENT ACT 2015 - SECT 139
Restrictions on by-laws
139 Restrictions on by-laws
(1) By-law cannot be unjust A by-law must not be harsh, unconscionable or
Note : Any such by-law may be invalidated by the Tribunal (see
(2) By-law cannot prevent dealing relating to lot No by-law 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.
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, that by-law is not capable
of being amended or repealed except by a by-law made in accordance with a
unanimous resolution of the owners corporation and, in the case of a
leasehold strata scheme, with the consent of the lessor of the scheme.
By-law cannot restrict children A by-law for a residential strata 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 lot. This subsection does not apply
to a by-law for a strata scheme for a retirement village or housing
exclusively for aged persons.
(5) By-law cannot prevent keeping of assistance
animal A by-law has no force or effect to the extent to which it purports to
prohibit or restrict the keeping on a lot of an assistance animal (as referred
to in section 9 of the Disability Discrimination Act 1992 of the
Commonwealth) used by an owner or occupier of the lot as an assistance animal
or the use of an assistance animal for that purpose by a person on a lot or
(6) A by-law may require a person who keeps an assistance
animal on a lot to produce evidence to the owners corporation that the animal
is an assistance animal as referred to in section 9 of the
Disability Discrimination Act 1992 of the Commonwealth.
management and precinct management statements prevail over by-laws A community
management statement or a precinct management statement prevails to the extent
of any inconsistency with a by-law for a strata scheme that is also part of a
community scheme or precinct scheme.
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