TASIn ForceAct
Strata Titles Act 1998
91Limitations on by-law making power
Start here
Get a plain-English read of 91
Turn the raw legal text into a practical explanation grounded in Strata Titles Act 1998.
### 91 Limitations on by-law making power
> > (1) Subject to [subsection (2)](#GS91@Gs2@EN) , 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.