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Hi,
Can the S/C vote to over-ride a by-law?
This is in relation to private property being placed upon common property. I am in NSW and this has been an on-going issue with one committee member who has stated to our Strata Manager that the Committee has previously given their approval to place the property (albeit temporarily & regularly – really when they want to) on common property. No permission was given at all – as far as I am aware.
And if the answer is no, then does the particular committee member need to apply to have the by-law altered? If so – this would give carte-blanch to all and sundry to leave stuff all over the place – wouldn’t it?
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I highly doubt it. But then again, an SC can in reality do whatever it pleases and hope to get away with it if the SM is onside. The O/C collectively can overturn a SC decision.
My understanding is that an SC cannot over-ride a bylaw, rather it is obliged to uphold bylaws.
This was just the matter I took to NSW Fair Trading very recently – resulting in superquick compliance. All parties were also aware that my next step was to request a fine/dismissal of SC/SM.
Others on this forum will have the legal references.
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