140Restrictions on by-laws during initial period

#### 140 Restrictions on by-laws during initial period 140 Restrictions on by-laws during initial period > > (1) An owners corporation for a strata scheme must not, during the initial period, change the by-laws so that a right is conferred or an obligation is imposed on one or more, but not all, owners or in respect of one or more, but not all, lots in the scheme. > > > (2) An owners corporation may recover from the original owner of the strata scheme, as damages for breach of statutory duty, any loss suffered by the owners corporation as a result of a contravention of this section. > > > (3) An owner of a lot in a strata scheme may recover, as damages for breach of statutory duty, any loss suffered by the owner as a result of a contravention of this section. > > > (4) It is a defence to an action under this section for damages if it is proved that the original owner— > > > > > (a) did not know of the contravention on which the action is based, or > > > > > (b) was not in a position to influence the conduct of the owners corporation in relation to the contravention, or > > > > > (c) used due diligence to prevent the contravention. > > > (5) A remedy available under this section does not affect any other remedy.