Strata scheme by-laws, including exclusive use by-laws under s 58(7) of the Strata Titles Act 1973 (NSW), must be interpreted consistently with their statutory context, objectively, and with a tight rein on recourse to surrounding circumstances. They should not be interpreted using unconstrained principles of contractual interpretation. An exclusive use by-law that imposes payment obligations on a lot owner in respect of the common property subject to exclusive use does not thereby relieve that lot owner of the separate statutory obligation to contribute to the maintenance of other common property based on unit entitlement.
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