Clause 16

by deleting subsection (2) thereof and substituting therefor the following: —“(2) The by-laws shall include —

the by-laws set out in Part I of the Second Schedule to this Act which shall not be added to, amended or repealed by the management corporation;

the by-laws set out in Part 2 of the Second Schedule to this Act which may be added to, amended or repealed by the management corporation; and

such other by-laws as the management corporation may make from time to time.”;

by deleting subsection (6) thereof and substituting therefor the following: —“(6) The management corporation shall —

keep a record of the by-laws in force from time to time;

on receipt of an application in writing made by a subsidiary proprietor or by a person duly authorised to apply on behalf of a subsidiary proprietor for a copy of the by-laws in force, supply to such subsidiary proprietor or duly authorised person at a reasonable cost a copy of the by-laws; and

on the application of any person who satisfies the management corporation that he has a proper interest in so applying, make available for inspection the by-laws.”; and

by inserting immediately after subsection (7) thereof the following new subsections: —“(8) A copy of every by-law made by the management corporation and every modification or amendment of any by-law for the time being in force, certified as a true copy under the seal of the management corporation, shall be lodged by the management corporation with the Commissioner —

in the case of any by-law or amendment or modification thereto made prior to the date of commencement of the Land Titles (Strata) (Amendment) Act, 1974, within thirty days of the date of commencement of the said Act;

in the case of any new by-law and any amendment or modification of existing by-laws made after the date of commencement of the said Act, within thirty days of the passing of the resolution by the management corporation approving the making of such by-law or any amendment or modification of any existing by-law.(9) Any by-law and any modification or amendment thereto made by the management corporation before the date of commencement of the Land Titles (Strata) (Amendment) Act, 1974, shall cease to be binding on the subsidiary proprietors and the management corporation on the expiry of a period of thirty days commencing from the date of commencement of the said Act (without prejudice to anything done previously) unless a certified true copy thereof has been lodged with the Commissioner in accordance with paragraph (a) of subsection (8) of this section within the time prescribed by that paragraph.(10) Any by-law, and any modification or amendment of any existing by-law, made by the management corporation on or after the date of commencement of the Land Titles (Strata) (Amendment) Act, 1974 shall not come into force until a copy thereof has been lodged with the Commissioner.(11) The management corporation or any subsidiary proprietor shall be entitled to apply to the court —

for an order to enforce the performance of or restrain the breach of any by-law by; or

to recover damages for any loss or injury to person or property arising out of the breach of any by-law from,any person bound to comply therewith, the management corporation or the administrator, and the court may make such order against any such person, the management corporation or the members of its council, or the administrator, as the court thinks fit.”.