A strata scheme by-law requiring that lots be used only 'as a residence' means use as a settled or usual abode, and precludes use for short-stay, tourist or holiday accommodation. Such a by-law operates as a limitation on use, not a restraint on alienation under s 42(3) of the Strata Titles Act 1985 (WA). The Residential Tenancies Act 1987 (WA) and local planning schemes are not part of the context for construing strata by-laws. A planning approval for short-stay accommodation does not override a strata by-law restricting use to residence.
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