Limitations on by-law making power
91 Limitations on by-law making power
Subject to subsection (2), a by-law cannot – modify a statutory easement or prohibit or restrict the enjoyment of a statutory easement; or restrict an owner's right to use, deal with or dispose of a lot unless the restriction – is necessary to preserve the character of the scheme; and is made in accordance with a disclosure statement or management statement included in the scheme.
A by-law may impose a minimum term (not exceeding 6 months) for the letting of lots.
A by-law is void if – it is unreasonable; or it adversely and unfairly discriminates against any owner or occupier of a lot; or it adversely affects the health, welfare or safety of any person; or it is inconsistent with the provisions of a scheme.
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