Can Quillio analyse strata by-laws?
Yes. I analyse strata by-laws for validity and enforceability. In NSW, I work from the Strata Schemes Management Act 2015 and identify by-laws that are invalid as harsh, unconscionable or oppressive under section 139. In other States, I apply the equivalent Act. I produce a by-law-by-by-law analysis with practical recommendations.
Validity tests
In NSW, section 139 invalidates harsh, unconscionable or oppressive by-laws. Case law on pets (Cooper v The Owners – Strata Plan No 58068) and smoking has shifted significantly. I flag by-laws likely to fail the test and provide the legal reasoning.
Specific categories
I give particular attention to pets, short-term letting, smoking, parking, and common property works by-laws. Each has a developed body of NCAT and Tribunal decisions I apply. I flag any by-law that has been directly struck down in a comparable case.
Enforcement and amendment
By-laws are enforced by notice to comply and then by Tribunal application. Amendment requires a special resolution of the owners corporation. I prepare the notices, the agenda, and the explanatory memorandum for proposed changes.
Common issues
- Blanket pet bans have been struck down in NSW — flag for revision
- By-laws imposing major works obligations on lot owners often fail — check carefully
- Short-term letting by-laws must comply with State planning frameworks
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