37—Restrictions on making of by-laws
(1) Subject to
subsection (2), a by-law cannot—
(a)
prohibit or restrict the transfer, transmission, leasing (including the
granting of a right of occupation) or mortgaging of, or other dealing with, a
lot; or
(b)
impose a monetary obligation on the owner or occupier of a lot except where
the by-law provides for the exclusive use of part of the common property; or
(c)
prevent access by the owner or occupier or other person to a lot; or
(d)
prevent an occupier of a lot who has a disability from keeping a
relevant animal on the lot or restrict the use of a relevant animal by the
occupier if the relevant animal is trained to assist the occupier in respect
of the disability; or
(e)
prevent a visitor to the community parcel who has a disability from using a
relevant animal trained to assist the visitor in respect of the disability.
(a)
prohibit or restrict the owner of a lot from leasing or granting rights of
occupation in respect of the lot for valuable consideration for a period of
less than 2 months; or
(b)
impose a monetary obligation on the owner of a lot in relation to the payment
of an insurance premium, where the by-laws authorise or require the
community corporation to act as agent for the owner in arranging the policy of
insurance.
(3) In this
section—
"assistance animal" has the same meaning as in the Equal Opportunity
Act 1984 ;
"relevant animal" means an assistance animal or a therapeutic animal;
"therapeutic animal" has the same meaning as in section 88A of the
Equal Opportunity Act 1984 .