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Our Strata Complex is made up of 6 different stages therefore 6 different strata plans with one overall plan. The complex was built back in 1986. A villa in our complex is up for sale but on inspection there has been found that a covenant is attached to the title that an owner or occupier cannot be under the age of 50. In about 1989 a by-law was raised to allow a purchaser to be under 50 yrs of age but an occupier must be over 50. My question is.. does a registered by-law over-ride the covenant, as we have a number of owners under the age of 50 that are “investors”. If it does not what is the way forward.
Thank you for your help.
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Onyx – This is a complicated legal matter therefore it would be wise to seek legal advice.
Restrictive covenants can be binding and can override local environmental plans, therefore, by extrapolation, the same could apply to by-laws.
For more information see here: https://elringtons.com.au/2011/09/restrictive-covenants/
I have read other articles that claim that restrictive covenants are rarely enforceable past the first purchaser.
See the following case notes for an example of the power of a restrictive covenant:
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