A by-law under the Strata Schemes Management Act 1996 (NSW) authorising an owners corporation to enter into a facilities agreement with an off-site recreation provider is valid provided there is a sufficient nexus between the by-law and the use or enjoyment of the property; the amenity need not be on-site or adjacent. Original by-laws registered with the strata plan are entitled to particular respect and will rarely be held invalid. The question of whether the power to amend by-laws under s 47 is narrower than the power to make original by-laws was expressly left open.
The full text is available to signed-in members, including the 8 later cases that cite this judgment.
3 of the 8 citing cases carry a classified treatment. How each court treated it is available to signed-in members.