Strata Schemes Management Act 1996 No 138
Current version for 6 January 2012 to date (accessed 22 May 2013 at 14:13)
49 Restrictions on by-laws
(1) By-law cannot prevent dealing relating to lot
No by-law is capable of operating to prohibit or restrict the
devolution of a lot or a transfer, lease, mortgage, or other dealing relating
to a lot.
(2) By-law resulting from order cannot be changed
If an order made under Chapter 5 has effect as if its terms were a
by-law, that by-law is not capable of being amended or repealed except by a
by-law made in accordance with a unanimous resolution and, in the case of a
strata leasehold scheme, with the consent of the lessor of the
scheme.
(3) By-law cannot restrict children
A by-law for a residential strata scheme has no force or effect to
the extent to which it purports to prohibit or restrict persons under 18 years
of age occupying a lot. This subsection does not apply to a by-law for a
strata scheme for a retirement village or housing exclusively for aged
persons.
(4) By-law cannot prevent keeping of guide dog
A by-law has no force or effect to the extent to which it purports
to prohibit or restrict the keeping on a lot of a dog used as a guide or
hearing dog by an owner or occupier of the lot or the use of a dog as a guide
or hearing dog on a lot or common property.