Western Australian Current Acts Western Australian Current Acts Scheme by-laws are
invalid as follows —
(a) to
the extent that there is no power to make the by-laws;
(b) to
the extent that they are inconsistent with this Act or any other written law;
(c) to
the extent that they are inconsistent with a restricted use condition;
(d) for
a leasehold scheme — to the extent that they are inconsistent with the
covenants or conditions of a strata lease over a lot in the scheme;
(e) to
the extent that they purport to deny or limit the right of a member of the
strata company to vote on a proposed resolution of the strata company (except
as set out in this Act);
(f) to
the extent that they prohibit or restrict the devolution of a lot or a
transfer, lease, mortgage or other dealing with a lot;
(g) to
the extent that they purport to discharge or modify an easement or restrictive
covenant;
(h) to
the extent that they prohibit or restrict the keeping on a lot of an animal
that is used as an assistance animal by a person with a disability who is an
owner or occupier of a lot;
(i)
to the extent that they prohibit or restrict the use on
the parcel of an assistance animal by a person with a disability;
(j) to
the extent that, having regard to the interests of all of the owners of lots
in the strata titles scheme in the use and enjoyment of their lots and the
common property —
(i)
they are unfairly prejudicial to, or unfairly
discriminatory against, 1 or more of the owners of lots; or
(ii)
they are oppressive or unreasonable.
[Section 46 inserted: No. 30 of 2018 s. 83.]