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s 95

By-laws of a scheme

In force
Chapter 3Administration of a scheme
Part 3.5Other rules governing scheme administration
Division 2By-laws

95 By-laws of a scheme

(1) Subject to any by-law specified in the scheme statement of a scheme,

Schedule 2 has effect as the by-laws of the scheme.

Note for subsection (1)

This means Schedule 2 serves as the by-laws of a scheme whose scheme statement does not specify any by-laws. It also means the scheme statement may vary a provision of Schedule 2 and set out additional by-laws.

(2) The scheme statement may specify a by-law in relation to:

(a) the obligations and rights of the body corporate, unit owners and unit occupiers relating to the use or control of 1 or more of the following:

(i) the scheme land;

(ii) the body corporate assets;

(iii) services and amenities provided by the body corporate; and

(b) a matter for which a by-law may make provision under this Act.

(3) A by-law is invalid to the extent to which it:

(a) is inconsistent with this Act or another law in force in the Territory;

or

(b) unlawfully restricts the use of a unit; or

(c) unlawfully prevents or restricts a transaction relating to a unit; or

(d) unlawfully discriminates against a unit owner or unit occupier.

(4) This

Act does not require the member schemes of a layered scheme to have the same by-laws.

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