Can the original developer be removed from the by-laws?
If the original owner of a body corporate scheme no longer owns a lot in the scheme, the by-laws that reference the original owner can be removed. However, a resolution without dissent is required to do so.
If the original owner or developer still owns a lot in the scheme then the by-law should be retained. The by-law can be removed if the original owner provides consent and a resolution without dissent is passed.
Further reading
- Are by-laws legally enforceable?
- How does a body corporate enforce a by-law?
- What can be included in a valid by-law?
- Can a body corporate tow a vehicle from a parking space?
- Can a body corporate ban smoking?
- Can a body corporate ban pets in strata?
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