Limitations on by-law making power

In force

(1)

A by-law cannot—

(a)

change a statutory easement or prohibit or restrict the enjoyment of a statutory easement; or

(b)

restrict an owner’s right to deal with or dispose of a lot unless the restriction—

(i)

is necessary to preserve the character of the scheme; and

(ii)

is made in accordance with the management statement of the scheme.

(2)

However a by-law may impose a minimum term (not longer than 6 months) for the letting of lots.

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