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: unconscionable
What Makes Strata By-Laws Unconscionable? An update
An update on what can be considered harsh, unconscionable and oppressive with our by-laws. Spoiler alert – it can be how they are applied!
What is a by-law? And why are they important?
What is a by-law? Great question, this is a quick dive into the world of strata by-laws, what they are and why they are important
Air-conditioners, kitchen renos and EV chargers: What happens when a building does not have enough electrical capacity?
Energy capacity, or lack thereof, and how our schemes are dealing with it is becoming a big issue. I was promoted to write this blog after a LookUp Strata reader raised the issue of their scheme banning AC installations due to a lack of capacity. I’ve set out some of the available approaches.
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.
Cost recovery by-laws and strata schemes: are they valid?
Whether or not by-laws empowering the owners corporation to recover costs were valid has been asked, and answered, in two recent cases. In both cases the by-laws were held to be invalid.
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.
Thoughts from a strata lawyer ... 