139Restrictions on by-laws

#### 139 Restrictions on by-laws 139 Restrictions on by-laws > > (1) By-law cannot be unjust A by-law must not be harsh, unconscionable or oppressive. > > > > Note. > > > > Any such by-law may be invalidated by the Tribunal (see section 150). > > > (2) By-law cannot prevent dealing relating to lot No by-law is capable of operating to prohibit or restrict the devolution of a lot or a transfer, lease, mortgage or other dealing relating to a lot. > > > (3) By-law resulting from order cannot be changed If an order made by the Tribunal under this Act has effect as if its terms were a by-law, that by-law is not capable of being amended or repealed except by a by-law made in accordance with a unanimous resolution of the owners corporation and, in the case of a leasehold strata scheme, with the consent of the lessor of the scheme. > > > (4) By-law cannot restrict children A by-law for a residential strata scheme has no force or effect to the extent to which it purports to prohibit or restrict persons under 18 years of age occupying a lot. This subsection does not apply to a by-law for a strata scheme for a retirement village or housing exclusively for aged persons. > > > (5), (6) (Repealed) > > > (7) Community management and precinct management statements prevail over by-laws A community management statement or a precinct management statement prevails to the extent of any inconsistency with a by-law for a strata scheme that is also part of a community scheme or precinct scheme. > > **s 139:** Am 2023 No 45, Sch 3\[21\].