Flat Chat Forum By-laws and outlaws Current Page

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  • #50729
    AvatarJonH
    Flatchatter

    Within our by-laws we have a renovation by-law with a number of sub clauses.  Last year two strata lawyers deemed one of the clauses to be unenforceable based on S 139 (being unjust, harsh, unconscioinable or oppressive).  In addition the lawyer who wrote the by-law advised the SC that the by-law could be challenged at NCAT.  My question is.  If one of the sub clauses of the renovation by-law is unenforceable does it mean the whole of the renovation by-law is unenforceable?

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  • #50778
    Jimmy-TJimmy-T
    Keymaster

    If one of the sub clauses of the renovation by-law is unenforceable does it mean the whole of the renovation by-law is unenforceable?

    Section 136 (2) of the Act says: “A by-law has no force or effect to the extent that it is inconsistent with this or any other Act or law.” (My emphasis.)

    I would interpret that as meaning it’s only the invalid bits that are invalid

    #50737
    AvatarJonH
    Flatchatter
    Chat-starter

    Thank you Sir Humphrey for the advice.

    #50734
    Sir HumphreySir Humphrey
    Strataguru

    I am not a lawyer and I have not seen the by-law. However, my expectation is that the other clauses of the by-law would be enforceable if they are fairly conventional terms for approval of renovations that many owners corporations would have and they could operate independently of the possibly unenforceable term.

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Flat Chat Forum By-laws and outlaws Current Page