Judicially identified limits on the body corporate by-law making power - Cooper v The Owners - Strata Plan No 58068

Cooper v The Owners – Strata Plan No 58068 is arguably the most significant decision to date for millions of Australians who live in strata schemes. While it is the first New South Wales superior court consideration of pet regulation, as well as the s 139(1) prohibition on by-laws that are "harsh, unconscionable or oppressive", the decision goes much further. The Court held that owners corporations have no power to make any by-law that regulates activity that has no meaningful effect on other people. This article discusses that decision in the context of wider property and political debates, in Australia and other jurisdictions.