Absolute prohibitions in by-laws – are they are no no?
In the Shah case absolute prohibitions in by-laws is tested further developing our understanding of what may make a by-law harsh, unconscionable or oppressive
Tag Archives: cooper
By-laws and Strata & Community title schemes Management Statements and the effect of uncertainty, inconsistency and power
Interpretation of by-laws has been the subject of a string of cases after the 2015 Strata Schemes Management Act reforms raiting issues of whether a by-law is harsh, unconscionable oppressive and the power to make a by-law. Now the Court of Appeal has interpreted a strata management statement and considered inconsistency and power to make management statements.
Animals in strata schemes: Can you? Can’t you?
Summary In this podcast we talk about Angus and the changes brought about by the Cooper decision of the NSW Court of Appeal and later legislative changes that make it […]
Community schemes & By-laws: The new restriction under section 130(1) of the Community Lands Management Act 2021 (NSW)
From 1 December 2021 there is a new restriction on by-laws for community schemes that a by-law must not be harsh, unconscionable or oppressive. These are my thoughts on how it should be interpreted.
Animals in strata schemes: Can you? Can’t you?
Changes are on the way for animals in NSW strata schemes, this article discussed case law and the new legislative provisions
Thoughts from a strata lawyer ... 