Can a by-law create a right of access?
A by-law regarding access is redundant because access rights are set out in the Act. If the by-law goes above and beyond what is provided for in the Act, it is invalid and not enforceable.
If your by-laws include an access by-law (and most do), you may benefit from having your by-laws reviewed by a lawyer to ensure they are legally valid and enforceable.
Further reading
- Are your by-laws legally valid and enforceable?
- Can a body corporate access a lot at any time?
- Rights of access to lots
- What can be included in a valid by-law?
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