Section 30
By-laws by the joint management body
of Strata Management Ordinance, 2019
—
A developer during the developer’s management period may, with the approval of the Commissioner, make by-laws or make amendments to such by-laws, not inconsistent with the regulations made under section 137.
(2)
A joint management body may, by a special resolution, make by-laws or make amendments to such by-laws, for the matters prescribed in the Fifth Schedule:
Provided that such by-laws are not inconsistent with the regulations made under section 137.
(3)
The by-laws made under this section shall bind the developer or the joint management body, as the case may be, and the parcel owner, and any chargee or assignee, lessee, tenant or occupier of a parcel to the same extent as if the by-laws—
(a)
had been signed or sealed by the developer or the joint management body, as the case may be, and each parcel owner and each such chargee or assignee, lessee, tenant or occupier, respectively; and
(b)
contain mutual covenants to observe, comply and perform all the provisions of those by-laws.
(4)
The developer or the joint management body, as the case may be, shall—
(a)
keep a record of the by-laws in force from time to time;
(b)
on receipt of an application in writing made by a parcel owner or a person duly authorized to apply on behalf of a parcel owner for a copy of the by-laws in force, supply to such parcel owner or person duly authorized by him, at a reasonable cost, a copy of the by-laws; and
(c)
on the application of any person who satisfies the developer or the joint management body, as the case may be, that he has a legitimate interest in so applying, make such by-laws available for inspection.
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(5)
A copy of any by-laws made by the developer or the joint management body, as the case may be, for the time being in force, certified as a true copy under the seal of the developer or the joint management body, shall be filed by the developer or the joint management body with the Commissioner—
(a)
in the case where such by-laws are made by the developer, within fourteen days from the date of the approval of the Commissioner; and
(b)
in the case where such by-laws are made by the joint management body, within fourteen days from the date of the passing of the special resolution by the joint management body approving the by-laws.
(6)
The developer or the joint management body, as the case may be, or any parcel owner shall be entitled to apply to a court of competent jurisdiction or the Tribunal—
(a)
for an order to enforce the performance of or restrain the breach of, any by-laws by; or
(b)
to recover damages for any loss or injury to any person or property arising out of the breach of any by-laws from, any person bound to comply with the by-laws.