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Harsh, Unconscionable and Oppressive By-Laws

Paul Jayne 22/07/2021

In 2020, the New South Wales Court of Appeal unanimously decided that a blanket ban on owners in a strata scheme keeping animals was invalid due to it being harsh, unconscionable or oppressive. Owners Corporations should consider whether any by-laws, particularly any “blanket” type by-laws, in their strata scheme would be invalid for being harsh, unconscionable or oppressive, particularly before issuing breach notices to owners.

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