91Limitations on by-law making power

91 Limitations on by-law making power

(1)  Subject to subsection (2) , a by-law cannot –

(a) modify a statutory easement or prohibit or restrict the enjoyment of a statutory easement; or

(b) restrict an owner's right to use, deal with or dispose of a lot unless the restriction –

(i) is necessary to preserve the character of the scheme; and

(ii) is made in accordance with a disclosure statement or management statement included in the scheme.

(2)  A by-law may impose a minimum term (not exceeding 6 months) for the letting of lots.

(3)  A by-law is void if –

(a) it is unreasonable; or

(b) it adversely and unfairly discriminates against any owner or occupier of a lot; or

(c) it adversely affects the health, welfare or safety of any person; or

(d) it is inconsistent with the provisions of a scheme.