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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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