Question: Does a strata committee have the authority to exempt a resident from complying with a by-law?
A resident has asked the Strata Committee, on somewhat questionable grounds, to exempt the applicant from the Strata by-law banning laundry on balconies.
My question is does a strata committee have the authority to exempt a resident from complying with a by-law passed by the Owners Corporation, or should the issue be decided by the Owners Corporation at a general meeting?
Answer: The strata committee/owners corporation do not have power to exempt residents from compliance with a by-law on an ad hoc basis.
The strata committee/owners corporation do not have power to exempt residents from compliance with a by-law on an ad hoc basis. Further, the by-law of the owners corporation overrides any decision of the strata committee.
The owners corporation, theoretically, could amend the washing by-law to specifically exclude the Applicant or repeal the by-law in its entirety, but not otherwise. A by-law is basically a statutory contract which binds, inter alia, all the owners, occupiers and owners corporation and cannot be unilaterally put to one side by the strata committee.
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