Making of scheme by‑laws
44 Making of scheme by‑laws
Subject to this Act, a strata company may, by resolution of the strata company, make governance by‑laws or conduct by‑laws for the strata titles scheme (including by‑laws that amend or repeal the by‑laws it is taken to have made on registration of the scheme).
The resolution to make by‑laws must be —
for governance by‑laws — a resolution without dissent; and
for conduct by‑laws — a special resolution.
The power to make by‑laws includes power to amend or repeal by‑laws in the same manner and on the same conditions as they are made.
If by‑laws purport to be made in exercise of a particular power or powers, they are also taken to be made in exercise of all powers under which they can be made.
Scheme by‑laws must be in the approved form.
[Section 44 inserted: No. 30 of 2018 s. 83.]
[Former section 44 renumbered as section 135 and relocated to Part 8 Division 4: No. 30 of 2018 s. 84.]
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