The dangers of template by-laws and building rules
A by-law expert from Kemps Petersons Legal explains why tailored by-laws and building rules are safer and come with far less risk
By-laws and building rules play a vital role in community living settings, as they keep strata properties harmonious by regulating what owners and residents can and cannot do. However, if the by-laws your owners corporation adopts do not suit your strata property and its needs, they can result in disputes, hostile community living experiences and even legal consequences. That’s why getting your by-laws right is crucial.
While some owners corporations choose to adopt template by-laws instead of consulting a strata lawyer for tailored by-laws, this may not be a wise option. To learn more about the dangers of template by-laws and why tailored by-laws are always preferable, we spoke to Sarah Louangsombath. Sarah is one of a team of dedicated by-law experts at Kemps Peterson Legal, which is part of the PICA Group family.
Sarah shared that before all else, it’s important to understand that there are restrictions on what can and can’t be included in a by-law, regardless of if they are template by-laws or by-laws that are tailored specifically for your strata property.
“A by-law can’t be harsh, unconscionable or oppressive. It cannot restrict a dealing in a lot, restrict children occupying a lot or prohibit or restrict assistance animals on a lot,” Sarah confirmed.