Category: By-Laws

What is the process for getting a by-law amended or repealed?

If a by-law needs to be AMENDED it is necessary to look at s 141 of the Strata Schemes Management Act 2015(the Act) as it provides the procedure for changing by-laws. Simply, the owners corporation, through a special resolution, can alter by-laws as they wish. This change however does not come into effect until the owner’s […]

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Can an Owners Corporation pass a by-law that prohibits short term lettings such as Airbnb?

Airbnb is becoming increasingly popular as a cheap accommodation option. Lot owners are understandably keen on renting out their unit short term to gain high returns. However, if an Owners Corporation prohibits the use of Airbnb short term letting through a by-law, is it valid? The answer to this was ‘no’ in the case of […]

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I have been told we need to consolidate our by-laws. What does this involve and how much does it cost?

Section 141(3) of the Strata Schemes Management Act 2015 (NSW) requires that: The secretary of the owners corporation must keep a consolidated up to date copy of the by-laws for the strata scheme. This provision came into effect when the 2015 Act came into force on 30 November 2016. Further, Land Registry Services will not register any […]

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I want to conduct renovations to my strata lot, do I need a by-law?

Whether or not you need a by-law depends on the nature of the works you intend to conduct. If the works affect common property (which is almost invariably the case) works are categorised into “cosmetic works”, “minor renovations”, or, works which don’t fall into either of those categories. Cosmetic works Cosmetic works do not require […]

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An owner is not complying with a by-law, what can I do?

While the strict legal answer to this question is relatively simple, practicalities and the circumstances of the situation sometimes means that enforcement of a by-law is challenging. If a party simply wants to act unlawfully, ‘encouraging’ that party to behave according to the law may require steely determination on the part of the aggrieved persons including […]

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