LAND LAW – strata title – by-laws – whether by-law was a common property rights by-law – whether “special privileges” in s 142(2) of the Strata Schemes Management Act 2015 (NSW) includes purported exemption from compliance with the obligations imposed by s 108 – by-law cannot provide exemption from obligations imposed by s 108 – s 111 of the Strata Schemes Management Act 2015 (NSW) subordinate to s 108 – difference between “validity” and “of no force or effect”

The Owners – Strata Plan No 63731 v B & G Trading Pty Ltd [2020] NSWCATAP 202 (30 September 2020)